In accordance to the reccomendation contained in the Competition Tribunal’s Resolution # 6, of May 5, 2005, Dirección General de Aeronáutica Civil (DGAC) presented an inquiry, seeking approval of the Administrative Bases of a tender for a concession to operate and exploit a gasoline hydrant network that comprises terrains and installations destined to supply aircraft fuel and lubricants, in Arica’s Chacalluta Airport, in the First Region of Chile.
The Competition Tribunal rejected the tender bases, because they included clauses that gave discretionary power to the authority, both in the tender process and during the exploitation of the concession. These clauses have anticompetitive effects, because they increase the risk of the business, therefore decreasing firms’ incentives to participate in the tender, and decreasing ex ante competition.