The lawsuit filed against SUBPESCA before the TDLC is related to the bases design for the auction of class B licenses for jack mackerel.
Fisheries denounce illegality in jack mackerel auction
CHILE
Saturday, November 17, 2018, 02:30 (GMT + 9)
A lawsuit, which was requested to be urgently reviewed, filed by the National Fishing Society (SONAPESCA) together with Camanchaca and Blumar, before the Court of Defense of Free Competition (TDLC).
The action is against the Undersecretariat of Fisheries and Aquaculture (SUBPESCA), on the occasion of the design that it made for the bases of the auction of class B licenses for jack mackerel fishing in the regions from Antofagasta to Los Ríos.
In its lawsuit, which was already accepted by the antitrust agency, the fishermen maintain that SUBPESCA "reserved in an illegal, arbitrary and totally anticompetitive manner, 60 per cent of the quota of the resources to be tendered in said auction exclusively for Small-sized companies.”
The complainants go further: "The SUBPESCA created a totally artificial barrier in the access to the tender market and, in this way, to the Tradable Fishing Licenses Class B of the jack mackerel, excluding all other stakeholders, and among them our represented, generating significant inefficiencies and distortions".
Represented by a staff of four lawyers, the fishermen added that "this exclusion is so absurd and harmful, that it does not promote the entry of new entrants but, on the contrary, prevents effective competitors from entering the fishing activity. All of which, in addition, has resulted in serious and evident fiscal damage."
As an aggravating circumstance, they pointed out that the behaviour has been applied systemically in each of the tenders for other species such as anchovy, sardine and crustaceans.
Under all this, the complainants seek to "impose the maximum fines that are applicable", or those that the court determines depending on the merit of the process.
Also, the antitrust agency is asked to declare that SUBPESCA will not be able to reserve exclusive lots for smaller companies in future processes.
In a statement, from the SUBPESCA it was said: "Regarding these events, which occurred in 2015 and 2017, we estimate that the Undersecretariat of Fisheries and Aquaculture acted with strict adherence to legality, and we trust that this will be proven in the relevant judicial instances" .
For its part, SONAPESCA said in a statement that "clearly at present there has been no technical discussion on these issues and we believe that the TDLC is the right place for the rule of law in this matter."
Source: Rodrigo Olivares / Diario Financiero
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