The Competition Tribunal ruled in favor of Empresa Nacional de Servicios de Aseo S.A., ENASA, in a lawsuit against Municipalidad de Cauquenes, for including anticompetitive requirements in a public tender for garbage recollection and disposal services. Such requirements included a clause that deemed subsequent complaints inadmissible, and a clause that allowed the Municipalidad to end contracts immediately, in advance, with no necessary justification and with no right to file a complaint or receive any compensation.
The Tribunal ordered Municipalidad de Cauquenes to call for a new public tender process, in no longer than 2 years from this ruling. This new tender must incorporate clauses that are compatible to the criteria in the ruling. The Tribunal also ordered that, once the new tender is finished, the contract subscribed between the Municipalidad and Himce Ltda. must be overturned.
In May 28, 2006, the Supreme Court deemed this ruling ineffective.