Chilean regulator FNE tests 'independence rule' to ban digital platform MFNs

The FNE's pivot toward an 'independence rule' signals a shift from traditional risk-efficiency analysis to a per-se prohibition of pricing influence in digital markets. For streaming and digital media platforms, this suggests a move toward treating search algorithms as de facto MFNs if they penalize off-platform pricing differences. The immediate implication is a higher bar for platform-level pricing loyalty programs that rely on external price comparisons. As regulators globally target 'vertical restraints,' Chile’s aggressive settlements could provide a blueprint for other emerging markets to bypass long-term dominance testing in favor of cumulative market effect rules. Watch for the FNE’s pending lawsuit against Google regarding app store restraints to see if this independence doctrine survives judicial review.

The Chilean FNE’s aggressive stance matches a broader global crackdown on price parity. In March 2026, the German Federal Cartel Office (FCO) secured commitments from energy comparison platform Check24 to abandon MFN clauses that restricted suppliers from offering lower rates on other channels, per Ashurst (March 2026). This follows a shift in the European Union, where the Vertical Block Exemption Regulation (VBER) now excludes wide MFN clauses from automatic exemptions, requiring individual competition assessments. Additionally, the EU’s Digital Markets Act (DMA) explicitly prohibits designated gatekeepers from enforcing parity obligations that limit business users' ability to offer different terms through other sales channels.

In Chile, this regulatory shift coincides with a larger push for digital transparency and oversight. Per Practical Law (July 2026), the FNE recently published a final report on e-commerce, recommending that large marketplaces adopt minimum transparency standards for contractual relationships with third-party sellers. This report specifically highlighted risks of 'abuse of economic dependence,' noting that many small enterprises are effectively locked into single-platform ecosystems. The FNE has also shown its willingness to enforce existing settlements, filing a complaint in March 2026 against Pedidos Ya (owned by Delivery Hero) for allegedly breaching a 2023 agreement by penalizing restaurants that priced physical menus lower than app listings.

While the FNE continues to leverage existing tools, the Chilean government is also modernizing its broader digital framework. In 2025, Chile launched a national digital identity strategy to be implemented by 2030, aimed at strengthening the regulatory baseline for digital services, per the OECD (December 2025). This modernization aligns with the country’s high scores in the 2025 OECD Digital Government Index, where Chile outperformed the average in 'digital by design' and 'proactiveness.' However, the lack of explicit ex-ante legislation for digital platforms remains a point of contention between the FNE and critics who argue the current independence rule operates in a legal gray area.