On February 27, 2025, in the casino collusion trial, the TDLC accepted, in a divided decision, an appeal by the FNE against the resolution of February 13 that had authorized the change of control of Casino Rinconada S.A. (operating company of the Enjoy casino located in Rinconada de Los Andes), under certain conditions. In its appeal, the FNE requested to leave such resolution without effect, maintaining the precautionary measure originally decreed in such proceeding, and thus reject in its entirety Enjoy’s request for judicial authorization to carry out the concentration operation between it and its creditors WEG and Avla, which would entail Enjoy’s loss of control over Casino Rinconada.
The TDLC argued in its majority vote that “it is not appropriate to accede to the judicial authorization requested by Enjoy […] since this, in the terms requested, does not constitute an alternative that allows safeguarding the common interest considered by this Court to decree the precautionary measure”.
Enjoy’s defense, on the other hand, prior to this resolution, had repeatedly stated that, if the proposed concentration transaction, which is part of Enjoy’s judicial reorganization agreement, were not authorized, Enjoy would fail to comply with its obligations under such agreement, generating “the imminent, serious, grave and unavoidable risk that Enjoy would enter into bankruptcy liquidation”.
