TDLC uses the highest fine against laboratories for cartel design and impact on Cenabast offers


A new example of collusion is shocking the economy of Chile and in a particularly sensitive market: legal remedies. The National Economic Prosecutor's Office today announced that the Tribunal for Defense of Free Competition (TDLC) has accepted a request for confidentiality filed against laboratories Biosano, Fresenius Kabi Chile and its subsidiary Sanderson.

Reason? create and maintain a poster that would affect the offers that the Center for the Care of the National Health Care System (Cenabast) calls to buy ampoules of medicines.

FNE said Sanderson received the highest fine of 30,000 annual tax units ($ 25.6 million), while Fresenius Kabi Chile's penalty amounted to 2,463 UTA, equivalent to $ 2.1 million.

Biosano Laboratory was exempted from the fine due to the adoption of the compensation program.

In addition to the above, TDLC also imposed on Sanderson and Fresenius five years program for the coherence of free competition according to the "Guide to Compliance Regulations on Free Competition" prepared by FNE.

TDLC concluded in its conclusion that "the above evidence shows that the requirements were required to affect the tender collection procedures which Cenabast had called to provide small scale injections from at least 1999 to February 2013."

The Court of Justice found that, as regards the deterrent effect, that circumstance is closely linked to the seriousness of the conduct attributed to the file. It is in fact a secret agreement which has been carried out for at least 14 years for products which are of crucial importance for the public health system. "

"It is unacceptable that businesses hide and it is even more sad to do so by affecting the country in public tenders, especially if it includes medicines, as in this case. We hope that a sentence that is as clear as the Court dictates , helping in such situations to disappear from our markets, "said National Economic Prosecutor Mario Saber.


The FNE investigation began in 2012 on the basis of complaints from the Office of the Director-General of the Republic and the Ministry of Health. Evidence of the case was obtained in the procedure of registration, investigation and seizure, as well as the interception and registration of messages.

The action brought before the TDLC on 3 August 2016 is also based on the evidence submitted by Biosano in the context of the compensation procedure to which it was lodged.

Following the FNE accusation, laboratories determined before submitting a tender in Cenabast, which of them should be assigned to medicines for which they could compete. The cartel works by agreeing on the reference prices for its bids and determining who would present the winning proposal.

The FNE stated before the Court that the cartel was extended between 1999 and the first half of 2013, the period during which Cenabast claimed more than a thousand times the number of medicines included in the secret agreement.

This is the sixth time that the Public Prosecutor's Office publicly announces and deals with the TDLC before the compensation mechanism in force in Chile since 2009.

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