The National Economic Prosecutor's Office (FNE) proposed expanding certain technical evaluation criteria, adjusting the economic model proposed in the bidding rules, among others.

The National Economic Prosecutor's Office (FNE) of Chile presented a series of proposals to the Tribunal for the Defense of Free Competition (TDLC) to promote competition in the bidding process for the concession of duty free stores located at the Arturo Merino Benítez airport in Santiago.

The presentation was made at the public hearing held within the framework of the consultation followed before the TDLC to evaluate whether or not the design of the bidding bases complies with the free competition regulations, contained in Decree Law No. 211 of 1973.

The FNE, represented by the lawyer and coordinator of the Antitrust Division, Matías Edwards, argued that a large part of the provisions contained in the bases do not have the capacity to generate distortions to competition in the selection process of the duty free store concessionaire. Notwithstanding this, he indicated that there would be room for improvement in them to encourage the participation of a greater number of interested parties in this tender.

At the hearing, the FNE stated that the proposed recommendations seek to adjust the bases to the standards previously defined by the TDLC's jurisprudence.

Among other measures, it was proposed to broaden certain technical evaluation criteria; adjust the economic model proposed in the bidding rules; incorporate safeguards to avoid strategic behavior regarding available spaces intended for incorporating duty free stores; limit the transfer of sensitive information between potential bidders who may have ownership or control ties with the current airport concessionaire; and avoid including instances that promote contact between competitors until before the opening of bids.