The Competition Tribunal partially accepted the lawsuit by the National Economic Prosecutor’s Office against Ilustre Municipalidad de Curicó, declaring that the latter infringed Article 3 of the Decree Law 211 by establishing competition restricting clauses in a public tender for garbage and refuse collection, transport and disposal. Therefore, the defendant received a fine of 5 Annual Tributary Units (around $4,500).
The Tribunal also warned the Municipalidad, stating that from now on, whenever they demand experience as a requirement for participating in a tender process, the relevant clause should refer to “relevant experience”, not necessarily experience in garbage and refuse collection, transport and disposal.
Lastly, the Tribunal recommended both Ilustre Municipalidad de Curicó and the National Economic Prosecutor’s Office that the revisions of tender processes, as well as the necessary exchange of opinions and information, should consider the need to safeguard prudent schedules, in order to allocate sufficient time for the corresponding calls for bids and for operation startup, giving enough time to the interested parties to prepare and present their bids.