The Competition Tribunal dismissed a lawsuit by Mr. Jorge Middleton Hoschhauser and others, against the Ministerio de Transportes y Telecomunicaciones, for allegedly approving anticompetitive tender bases for roadworthiness checking garages. The plaintiffs stated that the tender bases required that proponents must be juridical persons, excluding private persons, and they also reduced the number of concessions. These characteristics imply the need for more capital in order to participate in the tender process, since each concessionaire would have to operate more roadworthiness checking garages.
The Tribunal stated that there is no discrimination, given that all the applicants face the same conditions. A reduction of the number of concessionaires could not give rise to possible abuses of a dominant position, since the authority had established maximum tariffs and minimum quality requirements in the tender process.