Gilberto A. Gutiérrez P.

Gilberto Gutiérrez is a co-founder and CEO of Antitrust Consultores & Abogados. He is legal advisor to national and international conglomerates; he specialises in competition and commercial law, with a primary focus on contracts and business structuring. Mr Gutierrez was the legal director at Ecuador’s National Postal Agency and at the First Competition Authority and judicial attorney of the Ministry of Industries and Productivity. He is a member of ACDC (Colombian Association of Competition Law).

He is currently the general counsel for judicial and regulatory issues for Ecuador’s leading pharmaceutical company, automotive, wood, telecommunications, agroindustry, textile, and transportation of securities, and also for one of the world’s leaders in audiology (Amplifon). Mr Gutiérrez is a frequent expert speaker at international competition conferences throughout South America. He holds law degrees from Venezuela, Chile, and Ecuador.

His professional performance has allowed him to reap 23 success cases before the competition authority in the last three years, cases where the Ecuadorian State accused economic operators of violating antitrust laws. Gilberto currently contributes with the competition authority, in the processes of review and control of acts of authority that may violate free competition laws.

His most emblematic cases in 2019 include:

• The state regulator of agriculture ordered through an act of authority to limit competition in dairy drinks and accused unfair practices to the most important operator in the country. Gilberto’s defense is not only focused on demonstrating technically the absence of disloyalty, but also accusing the state (regulator) of violating antitrust laws.

• América Móvil (Claro) is the most important company in mobile phone services, Gilberto has been their lawyer and attorney since 2011. In 2019, the Ecuadorian State initiated eight accusatory proceedings for violating antitrust and telecommunications laws. All processes were won by the company, under the leadership and active defense of Gilberto.

In 2019, he led economic concentration processes that exceeded five hundred million dollars, with implication in four countries or jurisdictions. He constantly provides services to other lawyers in antitrust matters, and public institutions. His professional performance accompanies him with university education in matters of commercial and civil law since 2006. He has currently obtained two post-graduate degrees in antitrust as a graduate student, by the Chilean Pontifical Catholic Universities of Chile and Finis Terrae, both with degree of distinction.

It is essential to highlight his participation in the Chilean Competition Authority; his current status as a correspondent for the Colombian study ARCHILA ABOGADOS and the Chilean law firm Contreras Velozo in 2018.