Chilean operators have rejected the request by Grupo Meier, which sought to join the Antitrust Court (Tribunal de Defensa de la Libre Competencia – TDLC) in the case against Dreams, Enjoy, and Marina del Sol. These three companies have been accused of colluding in the municipal casino bidding process.
Dreams argued that the request by the National Economic Prosecutor’s Office (FNE) does not target competitors like Grupo Meier, but instead focuses on the State and free competition due to the alleged collusion in casino bids carried out in 2020 and 2021. The casino operator claimed Grupo Meier did not suffer direct damages from the alleged collusive agreement among Dreams, Enjoy, and Marina del Sol, thus their attempt to join the trial lacks merit.
Dreams further contended that Grupo Meier could have secured the concession in Talca but chose to withdraw voluntarily. Moreover, Dreams mentioned that the supposed collusion did not affect Grupo Meier’s financing availability, as the economic downturn due to the pandemic impacted all casino operators.
Enjoy argued that Grupo Meier does not qualify to be admitted as a supportive third party, as they lack a legitimate interest or a committed right in the trial. Enjoy stated: “If Grupo Meier had participated in any of the processes with ‘competitive’ offers, they would have easily secured all the licenses.” Enjoy also questioned the alleged financial impact on Grupo Meier.
Marina del Sol emphasized that Grupo Meier does not meet the legal criteria for participation in the trial. They contended that the FNE’s allegations focus on a case of exploitative collusion primarily affecting municipalities that ceased receiving revenue, rather than competitors like Grupo Meier. Additionally, Marina del Sol warned of the dangers of allowing any company that perceives itself as harmed to participate in these legal proceedings. They argued that Grupo Meier’s true intent is not to defend free competition, but rather to gain a personal benefit if sanctions are imposed.