The Competition Tribunal partially accepted a lawsuit by the National Economic Prosecutor’s Office against Servicios Pullman Bus Costa Central (“Pullman”), Autobuses Melipilla Santiago A.G.P. (“Bahía Azul”), Empresa de Transporte de Pasajeros Bupesa S.A. (“Bupesa”) and Empresa Buses Andrade Limitada (“Andrade”). The National Economic Prosecutor’s Office accused these companies of celebrating and executing agreements to raise ticket prices for public transportation services in the Santiago-Cartagena-Santiago route (“Santiago-Cartagena route”), between October 2009 and March 2010. Specifically, the defendants were accused of raising prices in October 31, 2009, and during January 2010.
Regarding the first accusation, the Tribunal considered proven that in October 31, 2009, Pullman and Bahía Azul increased their prices coordinately. The Tribunal considered that participation of Bupesa and Andrade in the determination of coordinately raising prices was not proven.
Regarding the accused price raise of 2010, the Tribunal stated that the proof presented by the National Economic Prosecutor’s Office was not able to consider a collusive agreement to be proven.
In summary, the Tribunal considered only the first of the accused conducts as proven: a collusive agreement between Pullman and Bahía Azul to raise prices. The Tribunal imposed the following fines: (i) 80 Annual Tributary Units to Servicios Pullman Bus Costa Central S.A.; and, (ii) 30 Annual Tributary Units to Autobuses Melipilla Santiago A.G.P.