The Free Competition Defense Court opens an examination into the technical inspection tender

The Free Competition Defense Tribunal has initiated a procedure to examine the bidding terms for the concessions that allow the operation of vehicle technical inspection and pollutant emission verification centers, following a query submitted by AES PRT. The resolution that opened the process is dated October 26, 2026, and its extract was published in the Official Gazette No. 44,589, on Tuesday, November 3, 2026, in Section I (General Norms), under the official reference CVE 2895390.

The case file has been docketed as Rol NC No. 577-26, under the title “Query from AES PRT regarding Bidding Terms for the granting of concessions to operate establishments that perform vehicle technical inspections and/or pollutant emission verification, approved by resolution No. 25”. Additionally, the Tribunal ordered the issuance of official requests to various agencies to provide background information on the case.

The invoked legal framework

The procedure was opened under article 31 of decree law No. 211, the regulation that governs the defense of free competition and empowers the Tribunal to instruct these processes based on queries from economic agents or interested entities.

In this case, the object of the examination is the terms approved by resolution No. 25, which define the conditions for granting concessions intended for the operation of technical inspection and pollutant emission control plants.

The extract was signed by the Tribunal’s secretary lawyer, Valeria Ortega Romo, and states that the query and all its supporting documents are available on the institutional website, www.tdlc.cl.

30-business-day deadline and requirements for intervention

The publication establishes the following rules for those wishing to participate in the process:

• The deadline to provide background information is 30 business days, counted from the publication of the extract, i.e., from November 3, 2026.
• Background information may be provided by both the agencies officially requested by the Tribunal and “those who have a legitimate interest” in the matter.
• Only those who provide background information within that period and grant sponsorship and power of attorney to a qualified lawyer may express their opinion at the public hearing provided for in item 3) of article 31.
• The case file documents can be consulted at www.tdlc.cl.

A mechanism already used in other tenders

The same Official Gazette recorded other openings of procedures under the identical mechanism in the preceding weeks, demonstrating sustained activity by the Tribunal in the oversight of bidding terms:

• Case NC No. 576-26, “Inquiry by BUK SpA regarding the bidding terms for the Electronic Health Contribution Collection Service”, opened by resolution on October 20, 2026, and published on October 27, 2026 (CVE 2891479).
• Case NC No. 575-26, “Request for a Report by Empresa Portuaria de Iquique regarding the concession tender for the joint operation of terminals 1 and 2 of the Port of Iquique”, opened by resolution on October 8, 2026, and published on October 16, 2026 (CVE 2886421).
• Case NC No. 572-26, “Request by ProREP for the modification of bylaws approved by Reports No. 27/2022 and No. 38/2025 and of the bidding terms”, for which the public hearing was scheduled for October 28, 2026, at 10:00 AM (CVE 2880030).

In all of them, the formula from Article 31 of Decree Law No. 211 is repeated: official request to agencies, a term of 30 business days, and a public hearing reserved for those who have provided evidence with legal representation.

The decision directly affects current concessionaires of technical inspection plants and those interested in being awarded new concessions, and indirectly affects motorists, who are the end users of the service and who bear the cost of the technical and tariff requirements established in the terms. With the procedure open, the bidding conditions are under review by the Court, and any change in the terms could alter the market structure for technical inspection and emissions verification in the country.

Source: Official Gazette of the Republic of Chile, No. 44,589, Tuesday, November 3, 2026, Section I (General Norms), p. 1 (official reference: CVE 2895390).