Safeguards for Valparaiso Port Terminals

The National Economic Prosecutor’s Office (FNE) recommended to the Court for the Defense of Free Competition (TDLC) to implement safeguards to avoid distortions in the bidding and operation of port terminals in Valparaíso.

It highlighted the need for structural and behavioral measures to prevent concentration risks and ensure competition.
The recommendation warns about the risks associated with a possible joint operation of Terminals 1 and 2 of the Port of Valparaiso, currently managed by related companies, which could reduce incentives to compete independently and affect the efficiency of port services.

Therefore, it was recommended to the TDLC to establish measures to ensure the operational and management autonomy of the concessionaires. Additionally, it proposed a mitigation regime in the corporate governance of the operators.
Specifically, the FNE proposed restrictions to horizontal and vertical integration, limiting the participation of the same shareholder in several terminals and preventing relevant users from influencing the concessionaire. It also suggested improvements in the awarding and bidding process, such as better defining the criteria of the Tariff Index and constantly supervising contractual compliance to avoid discriminatory practices.

The process responds to Law No. 19,542, which requires a report from the TDLC for port concessions of up to 30 years.