The Competition Tribunal dismissed the lawsuit by the National Economic Prosecutor’s Office against Ilustre Municipalidad de Antofagasta (the Municipality of Antofagasta). The Tribunal considered that the terms of the bid for hiring the services of household garbage recollection and transport in the South – Center sector of the city of Antofagasta, did not restrict competitive conditions in that bid process. Allegations that accused said terms benefited the firm that finally won the bidding process were not proved.
Regarding the second accusation in the lawsuit, that accused the Municipality of having acted arbitrarily when the contract was not assigned to the firm with the highest qualifications from the Evaluation Committee, this accusation was dismissed too.
The Tribunal considered that, even though it seems irregular for a bid process to be assigned without taking into consideration one of the original evaluation variables, regardless of what might be sentenced in other Tribunals in that matter, there was no evidence in this case that allow this Tribunal to conclude that the Municipality incurred in an arbitrary and exclusory conduct that could hinder free competition in the bid process.