Presents report of the former president of the TDLC who maintains that Garbage coerced the Swedes in collusion of fabrics


Last night the SCA defense (now Essity) filed with the Supreme Court a report that seeks to nullify the decision that condemned the $ 18 million payment and exempted the CMPC – forestry and paper from the Matte Group – after both conspired to allocate quotas of market share and set sales prices for its tissue products between 2000 and at least until 2011.

It is a document written by the former president of the Free Competition Court (TDLC), Tomás Menchaca, at the request of SCA itself, in which he states that the CMPC has coerced SCA, so he must be deprived of his rights. all the benefits

"The facts indicated at the trial – which indicate that there were threats by the CMPC to remove the ACS from the market – allow us to affirm that the alleged coercion meets all the requirements required to acknowledge the loss of the benefit by the CMPC." Said document appearing in the public case file in the Federal Supreme Court.

The lawyer's report comes to break the case. Not only because the document was presented only a few hours before the arguments of the case were presented this morning in the Third Chamber of the highest court, but also because the jurist himself had been disqualified in the processing of the case in the TDLC. The reason? In the past, the lawyer has provided professional services to one of the tissue paper companies, FPC Tissue – a company linked to the Izquierdo family – and, on the other hand, the lawyers brother who was former general manager of PISA, Fernando Menchaca, who in turn is mentioned in the condemnatory judgment of the TDLC.

"Being able to deprive the benefit of the offset statement must be serious and credible and therefore made by those who have the capacity to address their threat, who is none other than the one who has sufficient market power to do so," he says . In this sense, the CMPC's threat against SCA to remove it from the market if it does not participate in the collusion "would clearly comply with the coercive pattern required by our legal system to deprive it of the benefit of compensated disclosure," the report said.

But it is not the first time that Menchaca refers to the case. In January, following the failure of the TDLC, the academic UC, PULSO said that "(The TDLC) made a demand for coercion that there was irresistible physical or psychological violence, which I think is an excessive standard because if violence existed this nature, in my opinion, there would be no agreement, there would be no collusion. "

For the external lawyer of Conadecus and partner of the studio Bravo, Cristián Reyes, the report of Menchaca is "incomprehensible". "The TDLC unanimously accepted the collusion requirement submitted by the FNE against CMPC and SCA stating that it had entered into and entered into agreements with the aim of allocating market share quotas and fixing sales prices for its tissue products since 2000. Until then, at least, December 2011, "he said.

He also explained that "if a court minister had estimated that there was coercion against any of these companies, this must have been recorded in a contrary vote or at least in prevention."

The defense of SCA Chile is led by attorney José Joaquín Ugarte, partner of Ugarte Ried & Correa.


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