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Chile antitrust body probes competitiveness of Viña del Mar casino tender

Chile's National Economic Prosecutor's Office has opened an investigation into the competitiveness of the Viña del Mar casino tender after a legal challenge prompted its suspension.

2 min read
Chile
Key Points
The Tribunal for the Defense of Free Competition suspended the tender process following a complaint filed by Inversiones Marina del Sol, prompting the FNE to open a probe into the process's competitiveness
The FNE requested to join the case as an interested party and asked for 10 additional business days to gather the information needed to evaluate the tender

Chile's National Economic Prosecutor's Office (FNE) has opened an investigation into the competitiveness of the Viña del Mar casino tender.

The move follows the Tribunal for the Defense of Free Competition's (TDLC) decision to suspend the tender process after a complaint filed by operator Inversiones Marina del Sol.

In a filing submitted recently, the FNE requested an additional 10 business days to gather the information needed to assess the case. It also asked to be recognized as an interested party, saying it was acting to protect the general economic interest.

The Superintendency of Casinos defended the tender rules as lawful, arguing the suspension risks limiting the pool of bidders by shortening the window between the permit award and the start of operations for the winning company. 

The regulator also noted the tender rules explicitly bar the outgoing operator and its corporate affiliates from bidding again.

It further argued that delaying the tender could harm the fiscal interests of the Municipality of Viña del Mar and the Valparaíso Regional Government, both of which receive casino revenue.

Diego Valerio, President of the casino workers union, said: "Our federation has closely followed the case brought before the Tribunal for the Defense of Free Competition. 

“Unfortunately, we have encountered objections to the inclusion of the principle of employment continuity in the Viña del Mar casino tender rules. However, the issue of employment continuity has already been settled by administrative and judicial precedent."

Valparaíso Regional Governor Rodrigo Mundaca called for the process not to be delayed, citing its labor and financial impact, and said the region had pushed for job security guarantees and investment to make the casino more attractive to visitors.

Enjoy relinquished its Viña del Mar operating permit in 2025 amid a judicial reorganization process. Marina del Sol has separately faced FNE collusion allegations alongside Enjoy and Dreams in a 2024 case involving proposed fines of $151m.

Good to know

Enjoy relinquished its operating permits for the Viña del Mar casino, along with those in Coquimbo and Pucón, in 2025 as part of a judicial reorganization process aimed at cutting costs

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