The Competition Tribunal dismissed the lawsuits by Mr. Nain Rostión Allel, Mr. Francisco Sánchez Merello, Mr. Tomás Guardia Gutiérrez and Agrupación Defendamos La Ciudad, against I. Municipalidad de Santiago, for denying municipal permits for surface parking lots, after concession contracts for underground parking lots were signed. In these areas, surface parking lots were forced to shut down, as a financial consideration for the obligations assumed by the concessionaire. According to the defendants, this clause and the denial of the permits infringe antitrust laws.
The Tribunal stated that the denial of patent renovations is an attribution of the authority, which regulates its actions according to the existing urban regulations (Plan Regulador).
However, regarding the exclusivity clauses given to the concessionaires, forcing the Municipality to eliminate surface parking lot permits in certain areas, the Tribunal stated that these are against antitrust laws, because if the urban applicable norms for this activity are modified in any way, the contractual obligation of the Municipality would continue, but with no legal standing. This is against Article 4 of the current text of Decree Law N° 211; therefore, the Tribunal ordered the defendant to remove said clauses.