Yesterday, SCA's defense (now Essity) submitted to the Supreme Court a report that seeks to overturn the decision that denounced the $ 18 million payment and released the CMPC – Forestry and Paper from Matte Group – after both agreed to set quotas for market share and certain sales prices of its tissue products between 2000 and at least until 2011.
This is a document written by former TDLC President Thomas Manchakas, at the request of the ASA itself, in which he claims that CMPC is forcing SCA, so he must be deprived of his rights. all benefits
"The facts mentioned in the decision – which shows that there were threats from CMPC Tissue to remove SCA from the market – allow us to assert that the supposed coercion meets all the requirements necessary to accuse the loss of CMPC benefit." , which appears in the public file of the Supreme Court case.
The lawyer's report comes to break the case. Not only because the document was submitted only a few hours before the case was filed this morning in the Third Chamber of the High Court but also because the lawyer himself was disqualified in the TDLC case. The reason? In the past, the lawyer provided professional services to one of the paper companies, FPC Tissue, a company linked to the Izquierdo family, and the lawyerformer PISA CEO Fernando Menchaca, who is mentioned in TDLC's conviction.
"To be able to deprive the benefit of a compensated statement has to be serious and credible and therefore to be made by who has the ability to face its threat, which is none other than that which has enough market power for that," he says. In this sense, the danger that CMPC has made against SCA to remove it from the market if it does not participate in the collusive agreement would "clearly comply with the standard of compulsion required by our legal system to deprive it of the benefit of compensated disclosure." the report said.
But for the first time, Menchaka did not refer to the case. In January, after the failure of TDLC, the academic UC told PULSO that "(TDLC) required that there was a compulsion that there had been irresistible physical or psychological violence that seemed to me to be too high, because if this nature was violent, there will be no agreement, there will not even be a secret agreement. "
For Conadecus external lawyer and a partner of Bravo studio, Cristián Reyes, the Menchaca report is "incomprehensible." "TDLC unanimously accepted the collusion requirement submitted by FNE against CMPC and SCA, stating that both had concluded and implemented agreements for the purpose of allocating market share quotas and fixing their sale prices for their tissues from 2000, until December 2011, "he said.
He also explained that "if the Minister of the Court has judged that there has been a coercion against any of these companies, it must have been recorded with a vote against, or at least, with prevention."
The defense of SIA Chile is run by lawyer Jose Joaquin Ugart, a partner of Ugarte Ried & Correa.