Chilean operators have rejected the request put forward by Grupo Meier, after the company formally requested to join the Antitrust Court (Tribunal de Defensa de la Libre Competencia – TDLC) in the ongoing case against Dreams, Enjoy, and Marina del Sol. The three companies have been accused of colluding in the municipal casino bidding process.
Dreams maintained that the FNE’s request does not target 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 argued that Grupo Meier did not suffer direct damages as a result of the alleged collusive agreement among Dreams, Enjoy, and Marina del Sol, therefore their attempt to be involved in the trial lacks merit.
Dreams on the other hand argued that Grupo Meier had the opportunity to secure the concession in Talca but voluntarily chose to withdraw. Additionally, Dreams stated that the supposed collusion had no impact on Grupo Meier’s financing availability, as the economic crisis caused by the pandemic affected all casino operators.
Meanwhile, Enjoy argued that Grupo Meier does not meet the requirements 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 questioned the alleged financial impact on Grupo Meier.
Marina del Sol emphasized that Grupo Meier fails to satisfy the legal criteria for participation in the trial. They contended that the FNE’s allegations centre on a case of exploitative collusion, primarily affecting municipalities that stopped receiving revenue, rather than competitors like Grupo Meier. Additionally, Marina del Sol cautioned against the dangers of permitting any company that perceives itself as harmed to take part in these legal proceedings. They also argued that Grupo Meier’s true intent is not to defend free competition, but rather to gain a personal benefit if sanctions are imposed.