The new case of the secret agreement shocks the Chilean economy and in a particularly sensitive market: remedies. The National Public Prosecutor's Office today announced that the TDLC has received a request for collusion against Biosano, Fresenius Kabi Chile and its subsidiary Sanderson.
Reason? create and maintain a poster that would influence the bids called the Center for Supplying the National System of Health Services (Cenabast) to buy ampoules of medicines.
The FNE stated that Sanderson received a maximum fine of 30,000 Annual Tax Units (equivalent to $ 25.6 million) while the penalty for Fresenius Kabi Chile amounted to US $ 2, 463 in the amount of $ 2.1 million.
The Biosano Laboratory was exempted from fines for receiving compensation.
Along with the above, the TDLC imposed Sanderson and Freseni's obligation to accept for a five-year compliance program with free competition according to the "Program Guide of Compliance with Rules of Free Competition" prepared by the FNE.
In his decision, TDLC noted that "the above evidence shows that the applications agreed to influence the tender that Cenabast had organized for smaller volume injections, at least from 1999 to February 2013."
And, among the relevant factors for determining the amount of the fine, the Court of Justice held that 'as to the deterrent effect, that circumstance is closely linked to the seriousness of the conduct complained of. It is in fact a collusion which has been carried out for at least 14 years on products of major importance for the public health system. "
"It is unacceptable for companies to agree and is even more reprehensible that it does so by affecting the state in public tenders, especially with regard to medicines, as in this case.We hope that the sentence as clear as the Court of Auditors dictated, "said Mario Ybar, State Prosecutor of the Economy (S), to help situations such as this one disappear from our markets.
The FNE investigations began in 2012 on the basis of complaints from the Office of the General Inspector of the Republic and the Ministry of Health. The evidence of the case in question was obtained in proceedings for entry, search and seizure, as well as the recording and recording of the communication.
The action filed before TDLC on 3 August 2016 is also based on evidence provided by Biosano in the process of reimbursement of the complaint in which it was filed.
According to FNE's accusations, before offering their offer to Cenabast, laboratories were appointed to whom they would be given medicines that could compete. The Cartel operated by negotiating the reference prices of its offers and determining who will submit the winning proposal.
FNE before the Court of First Instance stated that the cartel was prolonged between 1999 and the first half of 2013, a period when Cenabast demanded more than a thousand times the drugs involved in collusion.
This is the sixth time the Public Prosecutor's Office publishes and before the TDLC presents a case involving the Compensatory Compensation Mechanism valid in Chile since 2009.