The Court for the Defense of Free Competition ruled in favor of the defendants after more than five years of investigation.
Chile.- The Court for the Defense of Free Competition (TDLC) decided, after more than five years of investigation, to reject the lawsuit filed by Enjoy against Sun Dreams and its subsidiaries, involved in the casino bids in Pucón and Puerto Varas. The lawsuit, filed in 2019, accused Dreams of engaging in unfair competition practices, hindering the development of the projects awarded to Enjoy in 2017.
The origin of the conflict lies in the efforts of Enjoy, represented by lawyers Diego Hernández and Sebastián Dufeu, to get the TDLC to recognize that Sun Dreams had resorted to a series of judicial and administrative actions that had delayed or prevented the construction of their casinos. According to the complaint, these actions increased legal uncertainty and costs for Enjoy, jeopardizing the viability of their projects.
However, the defense of Sun Dreams, led by lawyers Julio Pellegrini and Fernando Zúñiga, argued that there was no systematic pattern of legal attacks and that the problems Enjoy faced with their projects were caused by other factors.
See also: Enjoy requests authorization from the TDLC to sell the Rinconada Casino and avoid bankruptcy proceedings
The TDLC ruled in favor of Sun Dreams, arguing that there was not enough evidence to establish a direct relationship between the legal actions of the competitor and the failure of Enjoy's projects. The court pointed out that the legal actions filed did not suspend the effects of the awarding of the permits and that it was not demonstrated that the intervention of Sun Dreams had caused a delay in the administrative permits requested by Enjoy.
