The Competition Tribunal dismissed a lawsuit by Scientific Games Latino América S.A. against Polla Chilena de Beneficencia S.A., for contracting with a foreign company that: a) did not comply with the tender bases, and b) offered prices below cost.
The Tribunal stated that: a) the tender bases allowed the plaintiff to terminate the contract in case of bankruptcy or insolvency, but this did not constitute an obligation, and b) the accusation of offering prices below cost, regarding a foreign company, was not in the jurisdiction of Decree Law N° 211, but in the jurisdiction of Law N° 18525, regarding merchandise imports.
The Tribunal warned Polla Chilena, to abstain from inserting clauses of anticipated resignation to legal actions in the future, as it did in this tender, because these clauses would be null.