Chile’s Constitutional Court (TC) has rejected a procedural challenge that had temporarily halted a high-profile collusion case involving the country’s three largest casino operators, allowing the trial to resume before the Competition Defence Court (TDLC).
The case had been suspended since February after a claim was filed by AVLA Seguros de Crédito y Garantía and Inversiones Asterix, both creditors of Enjoy. The parties sought to participate in the proceedings as independent third parties, arguing that their interests could be affected by the outcome of the case.
In yesterday’s ruling, the TC declared the request inadmissible, stating that the arguments presented did not constitute a constitutional matter. Instead, the court determined that the issue related to the interpretation and application of existing legal provisions by lower courts.
With the procedural challenge dismissed, the case will now return to the TDLC and proceed to the evidentiary stage.
The proceedings stem from a complaint filed in October 2024 by Chile’s National Economic Prosecutor (FNE), which alleges that Dreams, Enjoy and Marina del Sol, along with five former executives, coordinated their participation in casino license tenders held between 2020 and 2021.
According to the FNE, the alleged conduct involved the exchange of information and strategic alignment in bidding processes, potentially affecting competition in the allocation of operating permits. The regulator is seeking fines totaling 171,354 UTA (Chile’s annual tax unit), equivalent to approximately $151.9m, targeting both corporate entities and individuals.
If upheld, the penalties would represent the largest sanctions ever pursued by the FNE in a competition case.
The case centres on casino licence tenders held between 2020 and 2021, a period where multiple concessions were up for renewal under a competitive bidding framework
