The Court of Defense for Free Competition (TDLC) welcomed A secret request presented by the National Economic Prosecutor (FNE) against Laboratories Biosano, Fresenius Kabi Chile and its subsidiary Sanderson, to form and maintain a cartel to influence the biddings convened by the Center for the Supply of the National Health Services System (Cenabast) for the purchase of ampoules of medicines .
In a unanimous resolution, the court imputed Sanderson laboratories with a fine of 30,000 annual tax units (UTA, $ 25.6 million) and 2,463 UTA, which is $ 2.1 million, in Fresenius Kabi Chile.
In the case of the Biosan Laboratory, TDLC excluded him from fines for accepting a compensation program.
Together with the above, TDLC ordered Sanderson and Fresenius to adopt a five-year compliance program for free competition in accordance with the FNE's Guide to Fulfillment of Free Competition Regulations.
In its judgment, TDLC pointed out that "The evidence suggests that the requirements have been agreed to affect the tendering procedures convened by Cenabast for injection of small amounts from at least 1999 to February 2013"
And, among the relevant factors for determining the fine, the court considered that "in relation to the deterrent effect, this circumstance is closely linked to the seriousness of the conduct of the case file. Indeed, it is a secret agreement that has been carried out for at least 14 years on products vital to the public health system. "
The State Economic Prosecutor (S), Mario Ibar, pointed out that "It is unacceptable that companies hide and it is even more promising to do so by affecting the state at public tenders, especially if they include medicines, as in this case. We hope that a sentence that is clear as dictated by the court will help situations like this to disappear from our markets. "
The FNE investigation began in 2012 based on a complaint by the Office of the General Controller of the Republic and the Ministry of Health. Evidence of the case was obtained in the process of registration, search and confiscation, as well as interception and registration of communication.
The lawsuit filed before the TDLC on 3 August 2016 was also based on the evidence provided by Biosano, within the scope of the compensation procedure to which it was filed.
According to the FNE indictment, Prior to submitting tenders at the Cenabast tenders, the laboratories defined which of them should be assigned to the medicines for which they could compete. The cartel functioned by matching the reference prices for its bids and determining who would present a winning proposal.
FNE was brought to trial The poster was extended between 1999 and the first half of 2013, the period in which Cenabast needs more than a thousand times more drugs involved in this event.
This is the sixth time that the Public Prosecutor's Office publishes processes in front of the TDLC in a case involving a compensated compensation mechanism that has been in force in Chile since 2009. In addition,