The Competition Tribunal ruled in favor of Demarco S.A. and the National Economic Prosecutor’s Office, in a lawsuit against Coinca S.A. and Consorcio Santa Marta S.A. for non compliance to the Comisión Resolutiva’s Resolución N° 650, of May 17, 2002. This, because the defendants offered the plaintiff unpublished prices for the services they offer in their landfills.
Both companies were given a warning that stated that, from now on, they must strictly comply with the aforementioned Resolución N° 650, and must publish prices that are based on objective and non discriminatory criteria, being equal for individuals in equal situations. Also, they must give a quote for their services to anybody who requests it, adjusting the prices to those in the latest published prices.
Coinca S.A. had to pay a fine of 350 Annual Tributary Units (around US$ 320,000), for giving a discriminatory price quote for its services to its own competitors, notoriously higher than the one with which it won a public tender from Municipalidad de San Bernardo for garbage collection, transport and disposal.
In September 12, 2006, the Supreme Court confirmed the Competition Tribunal’s ruling.