Thursday , September 29 2022

TDLC implements maximum penalty against cartel creation and laboratories affecting Cenabast tenders


A new siege is pushing Chile's economy and shock in a particularly sensitive market: remedies. The National Finance Prosecutor's Office reported today that the Free Competition Defense Court (TDLC) has accepted the terms of the secret treaty filed against Biosano laboratories, Fresenius Kabi Chile and its subsidiary Sanderson.

Reason? Establish and maintain a poster called by the Procurement Center of the National Health Services System (Cenabast) and which will affect proposals to purchase medication ampoules.

FNE said that Sanderson received the highest penalty for 30,000-year-old tax unit (US $ 25.6 million), while the tax of Fresenius Kabi Chile was US $ 2.1 million.

The Biosano laboratory was exempted from the fine because it accepted the compensation program.

Together with the above, TDLC has brought with it the obligation to accept Sanderson and Fresenius. five year free competition program According to the "Guidelines for Compliance Programs on Free Competition Regulation" prepared by FNE.

In the regulation, the TDLC shows that the above-mentioned evidence decided to influence the procurement processes collected by Cenabast for smaller volume injections from 1999 to February 2013.

The Court noted that among the relevant factors for the determination of the penalty, ın in relation to the deterrent effect, this situation is closely related to the seriousness of the conduct referred to in the case file Mahkeme. As a result, it is a contracted agreement for products that are vital to the public health system for at least 14 years. "

Da It is even more logical to do this if the cheating of companies is unacceptable and involves the government's public procurement, especially drugs, as in this case. The National Economic Prosecutor (S), Mario Ybar, hopes that the court will be as clear as a courtesy to this kind of situation.


The investigation of FNE started in 2012 on the basis of complaints from the Republican Ministry of Health and the Ministry of Health. The evidence of the case was obtained in the process of interception, search and seizure as well as interruption and recording of the communication.

The case, which was filed on 3 August 2016 before the TDLC, was also based on the evidence provided by Biosano within the framework of the complaint process.

According to the accusation of FNE, laboratories should reward the drugs they can compete for before bidding for Cenabast tenders. Kartel worked by accepting reference prices for their bids and determining who would offer the bid.

FNE said before the Court that the cartel was extended by the first half of 1999 and by the first half of 2013, when the Cenabast needed more than a thousand times the number of drugs involved.

This is the sixth period when the Public Prosecutor's Office filed a lawsuit with the public and the processes, including the compensation compensation mechanism in force since 2009, before the TDLC in Chile.

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