The Supreme Court ruled that the price agreed upon in the contract between private parties is not public information, as it is protected by the confidentiality clause in Article 21 No. 2 of Law No. 20,285, ‘insofar as its disclosure would have a definite impact on the economic and commercial rights of the plaintiff.’

BSVV advised and represented Transmisora Valle Allipén S.A. (‘TVA’) in the context of an administrative proceeding requesting information under Law No. 20,285, which, via an appeal, was heard and resolved favourably by the Supreme Court (case No. 55,701-2024).

On 30 October 2025, the Third Chamber of the Supreme Court upheld the appeal filed by TVA against the decision of the Eighth Chamber of the Santiago Court of Appeals, which ordered the Undersecretary of Energy to provide a copy of all the background information submitted by TVA and Transmisora Melipeuco S.A. authorising the transfer of an electricity concession, including an asset purchase agreement. The decision of the Santiago Court of Appeals, in turn, confirmed the resolution of the Council for Transparency (‘CPLT’) on the disclosure and duty to deliver that information to a requesting community.

In particular, in its ruling and in line with TVA's defence, the Supreme Court determined that the price agreed in the contract between private parties is not public information, as it is protected by the confidentiality clause in Article 21 No. 2 of Law No. 20,285, ‘insofar as its disclosure has a certain impact on the economic and commercial rights of the plaintiff’. Thus, the Supreme Court determined that the ministers of the Eighth Chamber of the Santiago Court of Appeals committed a serious offence or abuse by confirming in court the disclosure of that information, and therefore upheld TVA's claim and overturned the ruling, ordering instead that the information relating to the price be kept confidential.

During more than two years of administrative and judicial litigation, BSVV's advice and support were instrumental in defending TVA's commercial and economic interests, preventing the disclosure of information that was sensitive to the proper functioning of the electricity market.