The Chilean National Economic Prosecutor’s Office (FNE) has requested that the Tribunal for the Defense of Free Competition (TDLC) impose the maximum fines on salmon feed producers BioMar, Skretting, and Salmofood, totaling USD 79.8 million.
The FNE alleges that these companies engaged in a single, long-standing anticompetitive agreement that distorted feed prices in the country between 2003 and 2015.
During the hearings before the TDLC, Eduardo Aguilera, Deputy Head of the FNE's Litigation Division, presented part of the extensive evidence gathered by the Prosecutor’s Office, outlining the collusive conduct carried out by the companies.
Initially, the companies allegedly coordinated feed prices or price adjustments by sharing price lists. Over time, this coordination evolved to focus on the cost of raw materials reported to their clients.
This evidence was obtained through a leniency application submitted by Ewos and from search and seizure operations carried out at the companies’ offices during the investigation. The investigation concluded in late 2019, when the FNE filed its formal complaint.
Aguilera also detailed, based on seized emails and witness statements, how the agreement was implemented throughout the alleged period, involving top executives from each company, including general managers, commercial directors, and procurement managers. This coordination directly impacted the prices communicated and charged to their clients.
Given the seriousness and duration of the cartel, the FNE has asked the TDLC to apply the maximum fines permitted under the law in effect at the time of the conduct: 30,000 Annual Tax Units (UTA) per company, which amounts to over CLP 24.8 billion each, or a combined total of CLP 75.5 billion, equivalent to USD 79.8 million.