The Fiscalía Nacional Económica asked the Tribunal de Defensa de la Libre Competencia to modify its general instructions N°6 to prevent overlaps with the public procurement law.
The FNE found that the instructions can create situations of regulatory duplication. This hinders their application and raises compliance costs for those obliged and oversight costs for the authorities.
The request aims to align ICG N°6 with Law N°19.886 and Supreme Decree N°661 of 2024. The goal is to provide legal certainty, predictability and efficiency to economic agents.
The TDLC suspended the effects of instructions N° 3, 5 and 7 of ICG N°6 pending resolution of the petition. The rules affect tenders by municipalities and regional governments for works such as facades, communal facilities and plazas.
