Chile: TDLC picks up lab collusion case

Chile´s Tribunal for the Defense of Free Competition (TDLC) picked up this Friday November 9 the request for probing a possible case of collusion filed by the National Economic Prosecutor’s Office (FNE) against Biosano laboratories, Fresenius Kabi Chile and its subsidiary Sanderson, for allegedly forming a cartel affecting bids called by the Supply Center for the National System of Health Services (Cenabast).

The TDLC imposed on Sanderson and Fresenius an obligation to adopt a free competition compliance program for five years in accordance with the “Guide to Compliance Programs of Free Competition Regulations”, prepared by the FNE. This is added to the fines for 30 thousand Annual Tax Units (UTA, equivalent to US$25.6 million) to Laboratorios Sanderson and 2,463 UTA, equivalent to US $2.1 million, to Fresenius Kabi Chile, while Biosano escaped fines by joining the agency´s leniency program.

In its ruling, the TDLC noted that “the evidence cited above shows that the accused had agreed to affect bidding processes convened by Cenabast for the provision of ampoules, from at least 1999 to February 2013.” This is the sixth time that the FNE publicly presents the TDLC with a case that incorporates the leniency compensation mechanism, available in Chile since 2009.