Macarena Iturra focus her practice mainly on representing and defending the interests of national and international clients in complex disputes before ordinary, special and arbitral courts and administrative-regulatory bodies, in commercial, investment, corporate, consumer protection, mining, general regulatory and administrative procedures. Likewise, her practices includes investigations in cases of corruption and compliance.
During the last few years, Macarena has represented the interests of several individuals and corporations in controversies of high public connotation, obtaining resolutions favorable to their interests and which have marked -in several cases- precedents of great relevance in matters of regulation, corporate responsibility, unfair competition, capital markets, among others.
- Counsel, 2017 to date
- Litigation Area Director, Albagli & Zaliasnik, Santiago, Chile, 2006-2017
- External Legal Divison Lawyer of Corpbanca, Corplegal, Santiago, Chile, 2004-2006
- Associate, Quinzio, Novoa & Cía, Santiago, Chile, 2002-2004.
Wide experience in dispute resolution mechanisms, especially in commercial and civil arbitration, such as commercial disputes, conflicts between partners, breach of contract, construction contracts, etc. In addition, she has experience in handling all types of litigation, civil, commercial and administrative. We can highlight:
- Needish SpA. (Groupon): The National Consumer Service (“SERNAC”) argued that Groupon‘s Terms and Conditions offered in its website contained several abusive clauses in detriment of the consumers’s rights; aditionally, SERNAC seeked compensation for damages caused to consumers who purchased goods and services under these conditions. In line with the client’s defense the Supreme Court dismissed the annulment deducted by Sernac, concluding the dispute between the parties iniciated in 2013.
- Antraco Chemie-Handelsges MbH: Successful representation of a German company in the collection of its credit, for the export of chemical products to a Chilean company, for which, the debt was recorded in international commercial instruments.
- Antarctic Sea Fisheries S.A.: Representation of the client in various proceedings before specialized courts such as the Tax and Customs Courts, regarding claims against the tax and customs authorities for mistakes in the collection of taxes and other issues concerning the nationality of the fish caught by the company in waters governed by international conventions, respectively.
- Antraco: Representation of a German company to collect its credit for having exported chemical products to a Chilean company, meaning that the credit was contained in international commercial instruments.
- Kompanie: Representation of a German company to collect its credit for having exported chemical products to a Chilean company, meaning that the credit was contained in international commercial instruments.
- Needish Limitada (Groupon): The Firm represented the client on two different class actions filed by the Servicio Nacional del Consumidor – SERNAC (governmental agency for the protection of consumers) for, in one case, alleged breach of consumer law regarding information in the company’s web page and for containing alleged abusive clauses and, the other class action, for alleged breach of consumer law, regarding the alleged non-compliance of Groupon’s obligations.
- AyV Ingeniería SpA: We assisted the client in a compensation claim for breach of contract deducted by AyV Ingeniería SpA against a company dedicated to the development of mining technology that prevented the client from correctly executing the contract, imposing constant obstacles to the normal development of the contractual relationship. This was fully acknowledge by the first instance Court, ordering the defendant to compensate the monetary losses that his behaviour caused.
- Antarctic Sea Fisheries S.A.: A Recurso de Proteccion was filed against the Port Captaincy of Punta Arenas, for the issuance of a Notification Act that ordered the rooting of the client’s ship. The action was intended to stop the said Act of Notification for being arbitrary and illegal by imposing a more burdensome measure than the one ordered by the court. In the first instance, the Court of Appeals of Punta Arenas rejected the action, however, the Supreme Court reversed the decision and ordered the anullment of the Act of Notification.
- BASF Chile SpA.: We are assisting the client in an arbitration claim for an alleged breach of contract were the plaintiff is requesting a large sum of monetary compensation and extra contractual liability.
- Uber: Defense of Uber Chile SpA and Uber International Holding B.V. before the TDLC in a lawsuit filed by a union of taxi drivers against the clients and other ridesharing app firms.
- Uber: Represent the client in high profile cases regarding the authority’s questioning of the transport industry allegedly affected by its business in Chile and its insertion in the current regulatory framework.
- Deoleo: Represent the largest producer of Olive Oil worldwide, in a claim seeking damages from Canal 13 for making unfounded claims against the olive oil industry in Chile and, in particular, relating to the quality of Carbonell’s Olive Oil, on the TV show “Contacto”.
- Groupon: Represent the client in mediation processes before the Sernac (Governmental Agency for the Protection of Consumers) and in judicial class actions filed by the latter before local courts for alleged breaches of Consumer Law regarding information on Groupon’s web page and fulfillments of its obligations.
- Participation in various trials of this nature.
- Chile (2004)
- Legal 500 (Dispute Resolution 2018 – 2019 – 2021)
- Best Lawyers (Arbitration and Mediation 2020)
- Latin Lawyer 250 (Litigation 2019 – 2020 – Highly Recommended 2021)
- Latin Lawyer National (Litigation 2020)
- Leaders League (Civil and Commercial Litigation – Valuable Practice 2021)
- Spanish and English
- Law, School of Law, Universidad de Chile, 2001
- Arbitrator of the National Arbitration Center (CNA)
- Chilean Bar Association
- Needish wins Chile consumer rights lawsuit (Leaders League – October 12, 2021)
- Las acciones de la banca tradicional amenazada por el auge de las fintechs latinoamericanas (AméricaEconomía – October 6, 2021)
- Groupon gana litigio contra SERNAC, no pagará indemnización a consumidores (Lex Latin – October 5, 2021)
- Cabify y Uber vuelven a la carga: se defienden de las acusaciones de los taxistas en la Suprema (El Diario Financiero – September 13, 2021)
- Justicia falla contra trabajador que denunció a su empleador por sentirse “obligado” a vacunarse (El Diario Financiero – August 24, 2021)
- Chile y la deuda en regulación FinTech (El Diario Financiero – August 12, 2021)
- TDLC rechaza demanda de taxistas contra Uber, Easy Taxi y Cabify por conductas abusivas (El Diario Financiero – March 17, 2021)