Ximena has vast experience in competition law, regulated markets, and international trade law. She advises and represents clients from a wide range of sectors on all areas of competition law, in contentious and non-contentious matters, before the Competition Authority and the Competition Tribunal. She advises companies on the regulatory regimes in various industries, such as retail payment systems, the newly regulated Fintech industry, telecommunications, gas, airline, electricity, and pharmaceutical, interacting with, and representing clients before Regulators and Tribunals.

Ximena advises clients on international trade issues and has represented several companies in trade remedies proceedings before the Chilean Import Price Distortions Commission. 

She is one of a handful of lawyers in Chile with actual, hands on international trade expertise, having served as the deputy head of the Competition Policy and Trade Remedies Department at the General Directorate of International Economic Affairs of the Chilean Ministry of Foreign Affairs, leading the competition and trade remedies chapters’ negotiation teams in several trade agreements; represented Chile in the Rules negotiations at the World Trade Organization, and participated in a number of antidumping, safeguards and subsidies investigations, among other appointments. 

Ximena has consulted for the World Bank Group in the Finance Competitiveness and Innovation Global Practice where she has advised client countries on competition policy and regulation. She also analyses legal and regulatory issues that drive cross-border mergers & acquisitions and hostile takeovers on a regular basis for Arbjournal. 

She served as legal officer at the Chilean Competition Authority (FNE). 

In 2024, Ximena was selected to join the roster of arbitrators of the Arbitration and Mediation Centre –CAM Santiago—of the Santiago Chamber of Commerce. 

She is listed in the Chilean Bar Association’s Directory of Experts in Competition Law and recognised by the publication “Best Lawyers” in the Competition/Antitrust Practice Area in Chile.

Ximena is ranked in Chambers & Partners in Competition/Antitrust - Latin America

Representative clients and experience

• COPESA: Representing the client (Plaintiff) in an ongoing, contentious proceeding against GOOGLE LLC and ALPHABET, INC. before the Competition Tribunal.

• ACCION Consumidores: Representing the consumers’ association (Plaintiff) in an ongoing, contentious proceeding against GOOGLE LLC and ALPHABET, INC. before the Competition Tribunal.

• ACCION Consumidores: Representing the consumers’ association (Plaintiff) in an ongoing, contentious proceeding against APPLE Inc. before the Competition Tribunal.

• PayU Chile (Fintech, Payment Service Provider): Representing the client in two ongoing, contentious proceedings against VISA, Mastercard and Transbank before the Competition Tribunal and in a non-contentious proceeding before the Supreme Court of Justice. Advising and representing the company before the Central Bank, the Financial Market Commission, and the Competition Authority.

• FLOW S.A. (Fintech, Payment Service Provider): Representing the client in three non-contentious proceedings -one ongoing- before the Competition Tribunal and in an ongoing, non-contentious proceeding before the Supreme Court of Justice. Advising the client on the amendments discussed at the Congress and the Ministry of Finance about the payment industry and FinTech’s (including the Interchange Fee Regulation). Advising and representing the client in its relationship with the Central Bank, the Financial Market Commission, and the Competition Authority.

• Baowu JFE Special Steel Co., Ltd. and Jiangsu Yonggang Group Co. Ltd.: Representing the companies before the Chilean Import Price Distortions Commission in an ongoing Antidumping Investigation against imports of Steel bars for the manufacturing of steel grinding balls of Chinese origin, initiated in December 2023

• Iraeta (Shandong) Grinding Material Co., Ltd. and Goldpro New Material Co., Ltd.: Representing the companies before the Chilean Import Price Distortions Commission in an ongoing Antidumping Investigation against imports of steel grinding balls of Chinese origin, initiated in December 2023

• ATN (Society of Audiovisual Directors, Screenwriters and Playwrights): Representing the client in a contentious proceeding before the Competition Tribunal.

• ASILFA (Association of Pharmaceutical Companies): Representing the client in a non-contentious proceeding before the Competition Tribunal.

• Chilean Fruit Exporters Association (ASOEX) and the Kiwifruit Committee: Advising the Association and Committee in all matters related to competition and international trade law and policy. Advising and representing the Association before the Ministry of Foreign Affairs and the Ministry of Agriculture.

• Baosteel Special Steel Shaoguan Co., Ltd.; Jiangsu Lianfeng Energy Equipment Co. Ltd.; and, Zenith Steel Group Co Ltd.: Representing the companies before the Chilean Import Price Distortions Commission in the Antidumping Investigation against imports of Steel bars for the manufacturing of steel grinding balls of Chinese origin. 

• Iraeta Energy Equipment Co., Ltd. and Goldpro New Material Co., Ltd.: Representing the companies before the Chilean Import Price Distortions Commission in the Antidumping Investigation against imports of Steel grinding balls forged for mills of Chinese origin.

• LG Electronics Inc. and Lufthansa Technik AG.: Representing the companies before the Competition Authority in the notification procedure of their JV. 

• DVS Panalpina and Agility: Representing the companies before the Competition Authority in the notification procedure of DSV’s acquisition of Agility's stand- alone GIL business. 

• Representing two car carriers shipping companies in a cartel investigation before the Competition Authority. 

• TELEFONICA: Representing the company in several abuse of dominance lawsuits before the Competition Tribunal.

• MULTICAJA: Representing the company in an abuse of dominance lawsuit before the Competition Tribunal.

• Part of the Expert’s Group that advised the Government in the regulatory reform of Chile’s gas distribution network market.

• Representing a terrestrial port concessionaire in an abuse of dominance investigation before the Competition Authority.

• ZEAL: Representing the company in an abuse of dominance lawsuit before the Competition Tribunal.

• Representing a client in the Pharmaceutical Industry in a cartel case before the Competition Tribunal.

• Advising and representing a client in the Airline industry before Competition Authority and in its relationship with the Ministry of Transport, the Directorate General of Civil Aviation, and the Public Procurement Agency (ChileCompra).

Publications

• Competition law tools to enable ODEPA monitor competition conditions the agriculture, forestry and livestock sectors, Commissioned by the Ministry of Agriculture (2022)

• Dominance Comparative Guide - Rojas X. MONDAQ (2022)

• Merger Control in Chile: Assessment of the new mandatory notification regime – BRITCHAM Chilean Legal Report (2019) 

• Qualitative competition analysis of special regulations for commercial transactions of wheat, corn, and wine grapes, Commissioned by the Ministry of Agriculture (2016)

• Comparative analysis of legislation and institutions related to competition and unfair trade practices in agribusiness and forestry sectors, Commissioned by the Ministry of Agriculture (2015)

Recent engagements as speaker

• Chinese Council for the Promotion of International Trade (CCPIT), March 2021- Anti-Corruption, Anti-Bribery and Lobby Regulation in Chile

• APEC 2020 - Policy Dialogue on Competition Related Provisions from a Business Perspective 

• APEC 2019 APEC FTAAP Capacity Building Workshop on Competition Policy: Sharing good examples of FTAs/EPAs

• IBA 2018 -International Bar Association 14th Annual IBA Competition Mid-Year Conference

Experience 

• RojasPacini Abogados— Partner (2023- present)

• Arbjournal— European Editor (2012- present)

• World Bank – Consultant (2021- 2022)

• NDI Abogados— Director of the Competition and International Trade Division (2021-2022)

• Estudio Alessandri— Of Counsel- Competition Division  (2017- 2021)

• Aninat Schwencke & Cia— Senior Associate, Competition Department (2012-2015)

• National Economic Prosecutors’ Office (FNE)— Legal Officer  (2008-2010)

• General Directorate for International Economic Affairs, Ministry of Foreign Affairs — Deputy Head of the Trade Remedies and Competition Policy Department (2003-2008)

• Albagli, Zaliasnik & Cia – Associate (2002-2003)

Education

• LL.M. in Competition Law - University College London, UK (2010-2011)

• Postgraduate Programme in Economics and Finance -Economics & Business Faculty, Universidad de Chile (2007-2008)

• WTO Trade Policy Course, World Trade Organization, Geneva, Switzerland (2006)

• LL.M. in Commercial & Corporate Law - University College London, UK (2000-2001)

• Law Degree - Pontificia Universidad Católica, Santiago, Chile (1997)

Memberships

• Chilean Bar Association

• Member of the Competition law Committee of the Chilean Bar Association

• W@Competition

Languages

English, Spanish and basic Portuguese