The Competition Tribunal dismissed a lawsuit by Revisiones Santiago S.A. against the Ministerio de Transportes y Telecomunicaciones, referred to the tender bases for roadworthiness checking garages.
The plaintiffs stated that the fact that the tender bases required that proponents must be juridical persons constituted a barrier to entry that could affect competition in the relevant market and, consequently, a reduction of the number of concessionaires could hinder competition.
The Tribunal stated that it’s the authorities’ role to define the requirements and costs that are implied when starting an economic activity. 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 May 5, 2005, the Supreme Court confirmed the Competition Tribunal’s ruling.