The Competition Tribunal dismissed a lawsuit by the National Economic Prosecutor’s Office against Kiasa Demarco S.A. (KDM) and the Municipalities of Conchalí, Pudahuel, Renca, Las Condes, Lo Barnechea, Vitacura, Cerro Navia, Lampa, Colina, Quilicura, Lo Prado, Quinta Normal, Recoleta, Independencia, Santiago, La Reina, Curacaví, Ñuñoa, Providencia, La Cisterna, San Miguel and Llay Llay, for alleged attempts against free competition in the automatic renovation of contracts for services of treatment and final disposition of municipal solid waste, that KDM had subscribed with each one of the accused municipalities.
The Tribunal stated that the lawsuit exceeded the statute of limitations, given that the accused conduct was the signing of contracts for services of treatment and final disposition of solid waste which contained the disputed automatic renovation clause. These conducts occurred in different dates between 1995 and 2001; therefore, the 2 year prescription time limit provided for in Article 20 of Decree Law 211 had been exceeded when the lawsuit was presented, in October 2009. Therefore, the Tribunal dismissed it.