The Tribunal for the Defense of Free Competition admitted the Peruvian group as a third party assistant in the collusion case against Dreams, Enjoy, and Marina del Sol. What was Dreams' response?
Chile.- The Tribunal for the Defense of Free Competition (TDLC) decided to admit Corporación Meier in the case of alleged collusion filed by the National Economic Prosecutor's Office (FNE) against Dreams, Enjoy, and Marina del Sol.
It is worth remembering that, in mid-February, the Peruvian group requested the court to be part of the process through its subsidiaries—Casino de Juego del Mar, Casino de Juego del Maule, and Casino de Juego de Talca—and also the annulment of the operating permits granted to Dreams, Enjoy, and Marina del Sol, arguing that the alleged collusion prevented them from competing on equal terms.
The investigated companies rejected the request, however, the Justice admitted the claim. According to the TDLC, it is appropriate to admit the claim given "the characteristics of the bidding processes for the granting and renewal of casino gaming licenses, which involve the assignment of a long-term monopoly".
On the other hand, the Tribunal considered that the subsidiaries of Grupo Meier "have participated in bidding processes to grant casino gaming licenses and have invoked interest in the bidding processes that will be held in case the requested measure is granted" by the FNE.
Therefore, it resolved to admit "Casino de Juego del Mar, Casino de Juego del Maule, and Casino de Juego de Talca as third party assistants of the National Economic Prosecutor's Office, only in terms of the facts and behaviors alleged in the requirement".
The decision is not yet final, and those involved in the process can challenge it through a reconsideration appeal.
At the end of February, Dreams, Enjoy, and Marina del Sol had rejected the request of Corporación Meier to participate in the collusion case, arguing that their accusations are based on "unfounded assumptions" and facts not directly related to the accusation presented by the FNE. "The reasons presented by Grupo Meier do not demonstrate a real or current interest in the outcome of the trial," they stated in a document submitted by their legal defense.
After the resolution of the TDLC issued on March 10 was known, Dreams again emphasized its rejection of the decision. The company assured that the real interest of Grupo Meier is individual and has nothing to do with the defense of competition.
"Moreover, the real interest is to take advantage of this process in their favor," the company specifies through information published by Diario Estrategia.
Furthermore, Dreams pointed out that Grupo Meier does not have a legitimate interest that allows them to participate in the trial, as they did not participate in the 2020 and 2021 tenders that are being investigated for alleged collusion.
In fact, the company highlighted that the economic offers made in the 2020 and 2021 tender processes ("investigated processes") were competitive considering the context in which they were carried out. Otherwise, it is not explained why other interested parties (including Grupo Meier) did not easily win all the slots with "better" offers or "more competitive" proposals. Therefore, Dreams affirmed that the alleged impact claimed by Grupo Meier is not based on facts, but on mere expectations.
"The fact that it is a market player that has participated in other processes does not enable it to participate in this particular one considering that the tenders being investigated in this process have nothing to do with Meier. They did not participate in these tenders," indicated from Dreams.
