Chilean operators have rejected the request from Grupo Meier after the company formally sought to join the Antitrust Court (Tribunal de Defensa de la Libre Competencia – TDLC) in the ongoing case against Dreams, Enjoy, and Marina del Sol. These three companies face accusations of colluding in the municipal casino bidding process.
Dreams argued that the FNE’s request targets not competitors like Grupo Meier, but rather the State and free competition due to the alleged collusion in casino bids conducted in 2020 and 2021. The casino operator claimed that Grupo Meier did not experience direct damages from the alleged collusive agreement among Dreams, Enjoy, and Marina del Sol, thereby rendering their attempt to join the trial baseless.
Furthermore, Dreams stated that Grupo Meier had the chance to secure the concession in Talca but voluntarily chose to withdraw. They also noted that the supposed collusion had no impact on Grupo Meier’s financing availability, as the economic crisis prompted by the pandemic affected all casino operators.
Enjoy, on the other hand, contended that Grupo Meier does not meet the criteria to be admitted as a supportive third party, as they lack a legitimate interest or a committed right in the trial. According to Enjoy: “If Grupo Meier had participated in any of the processes with ‘competitive’ offers, they would have easily secured all the licenses.” Enjoy also raised doubts about the alleged financial impact on Grupo Meier.
Marina del Sol emphasized that Grupo Meier does not satisfy the legal criteria for participation in the trial. They argued that the FNE’s allegations focus on exploitative collusion primarily impacting municipalities that stopped receiving revenue, rather than competitors like Grupo Meier. Additionally, Marina del Sol cautioned against the risks of allowing any company that perceives itself as harmed to participate in these legal proceedings. They further argued that Grupo Meier’s true intent is not to defend free competition but rather to gain a personal benefit if sanctions are imposed.