The Competition Tribunal accepted a lawsuit by the National Economic Prosecutor’s Office against E. Alonso Castillo H. Compañía Limitada, Mr. Cristián Valdés Cabrera and Empresa de Transporte Caldera Sociedad Anónima, declaring that these companies colluded to raise ticket prices in rural transportation services in the Copiapó-Caldera route in the months of April and May 2011, thereby infringing Article 3 of Decree Law 211.
The Tribunal dismissed the National Economic Prosecutor’s Office accusation regarding the first price agreement accused in their lawsuit, because there was no clear and conclusive proof in that case, nor there was evidence of Buses Caldera’s participation. The second agreement was declared to be proven, taking into consideration: (i) the recognition of facts by the defendants Buses Caldera and Cristián Valdes in the partial conciliation agreements held with the National Economic Prosecutor’s Office; (ii) sworn statements accompanied to the process; and (iii) the simultaneity of conducts by Casther and Buses Caldera on April 18, 2011.
- Alonso Castillo H. Compañía Limitada was fined with 60 Annual Tributary Units, and Mr. Cristián Valdés Cabrera and Empresa de Transporte Caldera Sociedad Anónima were fined with 15 Annual Tributary Units each. Market shares and the conciliation agreements reached were taken into consideration when determining the fines.