Price coordination
Prevention of explicit or tacit agreements among competitors to fix, increase or stabilize prices. It is the most prosecuted anticompetitive conduct by FNE, CADE, COFECE and CNDC.
Linguistic warning signals
- references to what a competitor 'charges' or 'will charge'
- discussions about uniform percentage increases
- coordination of effective dates for new prices
- price lists shared outside official channels
Why it matters
Price coordination is the conduct that has most driven the recent growth in global antitrust fines. Chile's FNE has identified trade associations as a frequent channel for these agreements — meetings that look administrative end up being the space where sensitive information is shared. The risk isn't just the fine, which can reach multiples of the economic benefit obtained: in Chile, Law 21.595 extends criminal liability to the executives involved, and a public case damages the relationship with clients and regulators for years.
Relevant regulatory framework
- Chile — DL 211, FNE Trade Associations Guidelines
- Brazil — Lei 12.529/2011 (CADE)
- Mexico — LFCE, COFECE
- Argentina — Law 27.442, CNDC
- USA — Sherman Act § 1
- EU — TFEU Art. 101
Recommended action
- 1Escalate immediately to legal and compliance at any signal — don't wait to accumulate more evidence.
- 2Preserve the full communication (not just the flagged fragment) for case analysis.
- 3Assess whether a leniency program applies before the authority opens an investigation.
- 4Check whether a trade association is involved, which increases regulatory risk.
Is your organization exposed?
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