Ximena Rojas is an experienced lawyer specializing in competition law, regulated markets, and international trade. Her practice focuses on advising and representing clients from various sectors on all areas of competition law, both contentious and non-contentious matters, before the Competition Authority (FNE) and the Competition Tribunal (TDLC). Ximena has extensive experience advising companies on regulatory regimes in various industries and represents clients before regulators and tribunals.

Ximena is one of the few lawyers in Chile with actual, hands-on international trade expertise. She has served as the deputy head of the Competition Policy and Trade Defense Department at the General Directorate of International Economic Affairs of the Chilean Ministry of Foreign Affairs, where she led the competition and trade remedies chapters' negotiation teams in several trade agreements and represented Chile in the Rules negotiations at the World Trade Organization. Ximena has also represented several companies in trade remedies proceedings before the Chilean Import Price Distortions Commission and has participated in several anti-dumping, safeguards, and subsidies investigations.

In addition to her private practice, Ximena consults for the World Bank Group in the Finance Competitiveness and Innovation Global Practice, where she advises client countries on competition policy and regulation. She also regularly analyzes legal and regulatory issues that drive cross-border mergers & acquisitions and hostile takeovers for Arbjournal.

Ximena's experience as a legal officer at Chile’s Competition Authority, World Bank consultant, and her role as the deputy head of the Competition Policy and Trade Defense Department at the Chilean Ministry of Foreign Affairs gives her unique insights and perspectives on competition law and policy.

She is listed in the Chilean Bar Association's Directory of Experts in Competition Law, making her a highly sought-after lawyer in her field.

Representative Clients and Experience:

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

• FLOW S.A. (Fintech, Payment Service Provider): Representing the client in three non-contentious proceedings before the Competition Tribunal. Representing the client in a non-contentious proceeding before the Supreme Court of Justice. Advising the company on the amendments discussed at the Congress and the Ministry of Finance about the retail payment industry and Fintech (including the Interchange Fee Regulation). Advising and representing the company in its relationship with the Central Bank and the Competition Authority. Representing the client before the Constitutional Tribunal against Mastercard.

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

• 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 Chinese imports of Steel bars for the manufacturing of steel grinding balls of a diameter below 4 inches.

• 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 Chinese imports of Steel grinding balls forged for mills dumping investigation.

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

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

• Two global RoRo shipping companies: Representing the companies in a cartel investigation before the Competition Authority.

• Telefónica: 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.

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

• Representing a port services company in an abuse of dominance investigation before the Competition Authority.

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

• A client in the Pharmaceutical Industry: Representing the client 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 Regulators.

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

Professional Experience:

• Consultant, World Bank Group in the Finance Competitiveness and Innovation Global Practice (2021-present)

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

• Partner, RCMM Legal & Business Development Services (2018-2022)

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

• Assistant European Editor, Arbjournal (2012-present)

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

• Legal Officer, FNE (2008-2010)

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

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

Education

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

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

• Diploma in International Trade Policy (35th 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 Catolica de Chile (1997)

Publications

• Rojas X. and Arecheta R. (2022). "Competition law tools to enable ODEPA monitor competition conditions in the agriculture, forestry, and livestock sectors". Commissioned by ODEPA, Ministry of Agriculture.

• Rojas X. and Arecheta R. (2022). "Dominance Comparative Guide". MONDAQ.

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

• Rojas X. and Velozo J. (2016). "Qualitative competition analysis of special regulations for commercial transactions of wheat, corn and wine grapes". Commissioned by ODEPA, Ministry of Agriculture.

• Rojas X. and Velozo J. (2015). "Comparative analysis of legislation and institutions related to competition and unfair trade practices in agribusiness and forestry sectors". Commissioned by ODEPA, Ministry of Agriculture.

Recent Engagements As Speaker

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

• APEC, Policy Dialogue on Competition Related Provisions from a Business Perspective (2020).

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

• IBA, International Bar Association 14th Annual IBA Competition Mid-Year Conference (2018).          

Memberships

• Chilean Bar Association

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

• W@Competition

Languages

Ximena is fluent in Spanish and English.