Description

Guerrero Olivos represented Inversiones Punta de Rieles Limitada (“IPR”), affiliate of Antofagasta Railway Company PLC in a case brought by the competition agency (“FNE”) against the private port operator, Antofagasta Terminal Internacional S.A. (“ATI”), in Antofagasta (a main port in the northern part of Chile) and two of its shareholders (IPR and SAAM Puertos), for infringing the restrictions set forth by the former Competition Commission in 2002, limiting vertical integration between port operators and port service users (relevant users).

The FNE’s case sustained that the Luksic Group had infringed the limit of 65% of property in the port operator, based on the controlling interests held through IPR and SAAM Puertos, and the simultaneous control of Antofagasta Railway Company PLC, which provides train cargo transportation services to port users, mainly mining companies.

On 16/08/2017, the parties reached a settlement with the FNE agreeing upon the implementation of mitigating measures to ensure non-discriminatory port services for land transport companies. ATI is expected to request the state owned port company responsible of port operations in Antofagasta  to request the Competition Tribunal (TDLC) the review of the 65% vertical integration restriction.

The FNE in its complaint had requested the TDLC a USD872,766 fine against IPR.

The settlement was reached after the TDLC summoned the parties in order to reach an agreement, in January 2017. ATI offered in the settlement to pay USD500,000 as contribution to reach the agreement.

Jurisdictions involved

Chile

Counsel lists

Counsel to IPR: Guerrero Olivos

Partner: Jose Gabriel Undurraga [email protected] 

Senior associates: Jaime Barahona [email protected] and Tomás Kubick [email protected]

Associate: Manuel F. Guerrero [email protected]

Counsel to port concessionaire, ATI: Ferrada Nehme, Abogados

Partner: Nicole Nehme [email protected]

Of counsel: Benjamin Mordoj [email protected]

Senior associate: Josefina Campos [email protected]

Counsel to SAAM Puertos S.A.: Bulnes, Urrutia y Bustamante

Partners: Felipe Bulnes [email protected] and Enrique Urrutia [email protected]