2024-05-13 08:47:10
The FNE requested a fine amounting to US$31.3 million and the Minsal appealed to the CDE for collusion in the industrial and hospital gas market.
The National Economic Prosecutor’s Office (FNE) accused collusion in the market gas industrial, medicinal y especial between the companies Indura and Linde Gas Chile (Linde) during November 2019 and January 2021, in a non-aggression pact.
According to a statement, three executives from the aforementioned companies are involved. These are general managers of both companies and a senior Linde official.
For this reason, the organization presented a request on April 29 to the Court for the Defense of Free Competition (TDLC)where he reported that Indura and Linde agreed to allocate market shares and not compete with each other for their clients.
In this sense, the FNE stated: “This collusion affected industrial and medical clientscovering a wide range of sectors, such as metallurgical, paper, forestry, construction, aquaculture, food, laboratories, mining, oil refinery, steel, glass and hospitals, among others.
The FNE tests and the fines for gas collusion
The agreement would have originated after a meeting between both general managers -Sergio Novelli from Linde and Marcelo Torres from Indura-, which took place in a cafe in Las Condes in November 2019. In that place they agreed on a non-aggression pact so as not to compete for the clients that each of the companies had.
Following a complaint, the FNE began an investigation and was able to iintercept the calls of both executives, where indications were given to raise prices. One of Novelli’s instructions was: “Increase prices in the south (…) There will be no return (competence). Increase.” While Torres told him: “Prices must also be raised (…) without compassion, without mercy.”
After raiding the private homes of the executives involved, Linde representatives agreed to acknowledge their participation and deliver the evidence in order to qualify for the compensated denunciation.
On the other hand, the FNE requested a fine Endure by a total of 37,999 Annual Tax Units (UTA), which translate into US$31.3 million ($29,841 million). Of this amount, US$31.2 million ($29,732 million) correspond to the company and US$114,392 ($109 million) a your general manager.
However, Marcelo Torres Not only would he have to pay the fine, since he also risks jail time. The law establishes that this conduct, according to article 62 of DL 211, the person involved can be punished with the penalty of minor imprisonment in its maximum degree to major imprisonment in its minimum degree, that is, from 3 years and one day to 10 years in prison.
The positions of Linde and Indura
Through a statement, Linde stated that they became aware of the investigation on January 26, 2021. After that, the company began an internal audit and suspended the general manager and one of his direct reports to ensure the independence of the process. Once the proceedings were completed, The firm dismissed both executives.
In this context, the company presented a “application request for the compensated denunciation mechanismto actively collaborate with the organization’s research.”
For his part, Indura denied the FNE’s accusation. “The accusation that Indura unduly benefited has no basis,” he said. Additionally, the company stated that they “conducted their own extensive internal investigation. In addition, independent investigations were carried out by external specialists, including a forensic audit and an economic analysis of the market, neither of which evidenced that any collusion had occurred.
Minsal appointed the CDE to investigate gas collusion
This Wednesday, President Gabriel Boric described the incident as reprehensible and stated that “As a Government they cannot accept this type of practices“.
“Oxygen collusion not only compromises the functioning of markets and some industries, but also We have doubts that it could have seriously affected public health.“he added.
In this context, the president instructed the Minister of Health, Ximena Aguilera, to evaluate the possibility of taking legal action against Indura and Linde. “We believe that this could be a serious attack on public health and we are not going to allow that,” said the head of state.
After that, the Minsal informed the State Defense Council (CDE) to investigate the collusion of companies in the industrial and hospital gas marketduring the pandemic.
The head of Health called the accusation “very serious”, since “the possibility of survival of millions of patients depended on access to oxygen.”
In this way, the document sent to the CDE requests “the pursuit of civil and criminal responsibilities that correspond by law, regarding the facts accused by the National Economic Prosecutor’s Office“.
Added to this, instructs “the hospitals mentioned in the libel as allegedly affected by the collusion, to make available to them (the CDE) all the necessary information to clarify the facts.”“.
To close, Minister Aguilera stressed: “The accused conduct is undoubtedly inadmissiblebecause it can put access to care at risk and, with it, people’s lives and health.”