The Competition Tribunal partially accepted a lawsuit by the National Economic Prosecutor’s Office (FNE) against Asfaltos Chilenos S.A. (ACH), Dynal Industrial S.A. (Dynal), Empresa Nacional de Energía Enex S.A. (ENEX) and Química Latinoamericana S.A. (QLA), declaring that the aforementioned companies violated article 3, letter a), of Decree Law N° 211.

The FNE accused the companies of having reached agreements to allocate specific contracts for the provision of asphaltic products used in road work projects. In particular, the accused conducts were: i) that ACH, ENEX and QLA agreed that ENEX would supply two projects of the construction companies Dragados CVV S.A. and Dragados S.A., in exchange of not materializing a bid for a project of the construction company Sacyr, that was being supplied of asphaltic products by ACH; ii) that ACH, Dynal, ENEX and QLA agreed on the allocation of 3 projects of the construction company Besalco, that would be allocated to Dynal, ENEX and QLA; and, iii) that ACH, Dynal, ENEX and QLA agreed on the allocation of 3 projects: one of the construction company Recondo S.A. for Dynal, one of the construction company Figueroa Vial Ltda. For ENEX, and one of the construction company Tafca Ltda. For ACH:

Regarding the first group of conducts, the Tribunal established the agreement to allocate the two Dragados projects as proven, but not the compensation associated to the Vallenar-Caldera project by Sacyr exposed by the FNE. Regarding the second group of conducts, the Tribunal concluded that the three Besalco projects were assigned concertedly by the defendants. Finally, regarding the third group of conducts, the Tribunal concluded that there was an agreement to allocate the project of the construction company Figueroa Vial Ltda. to ENEX, but also concluded that there was no proof to establish the existence of an agreement for allocation of the projects of the construction companies Recondo S.A. and Tafca Ltda.

The Tribunal fined ACH with 1,630 Annual Tributary Units, Dynal with 718 Annual Tributary Units and QLA with 1,790 Annual Tributary Units. ENEX was exempted from fines, in accordance with the leniency program established in Article 39 bis of Decree Law N° 211. In addition, all 4 companies were ordered to implement an antitrust compliance program, in accordance to the FNE’s guide to that effect.

Judges Mr. Menchaca and Ms. Domper agreed to the decision, except in ordering the companies to implement a compliance program.

Judges Mr. Saavedra and Mr. Tapia agreed to the decision, except in that they would have incorporated additional elements to the compliance program.