A lawsuit filed on October 2023 by 23 Chilean fruit exporters against the Mediterranean Shipping Company (MSC) has been rejected by the Court of Defense of Free Competition, for alleged abuses of its dominant position in the market during the 2021-2022 season, and for charging congestion and demurrage charges at port.

The complaint alleged that during the 2021-22 season, the fruit had suffered extended delays of up to 30 days in arriving at its destination, which generated a breach of contracts and a decline in the quality of the products.

The ruling, issued on January 5 by the court rejects the claim filed against MSC, establishing that matters related to damages during the maritime transport of goods are subject to compulsory arbitration, therefore they can only be heard in an arbitration court.

Sources close to the case warn that many of the exporters have already expired their two-year term, established by Chilean law after the incident occurred to file a claim before an arbitration tribunal, so they would be barred by the statute of limitations.