The Competition Tribunal resolved favorably the inquiry presented by Telefónica Chile S.A. and Telefónica Larga Distancia, regarding the merger by incorporation of the latter into the former, and the eventual modification or elimination of Decision I, letter b), of Resolution N° 389 of H. Comisión Resolutiva, of 1993, should it still be valid.
The Tribunal firstly analyzed the validity of Decision I, letter b), of Resolution N° 389 of H. Comisión Resolutiva in relation to Law N° 20704 of 2013, stating that the decision was still valid. Secondly, after analyzing the changes of the telecommunications industry between the enactment date of that Resolution and today, the Tribunal found that the current conditions of the industry deemed the aforementioned letter b) unnecessary, and abolished it.
Finally, the Tribunal analyzed the merger of the inquirers by incorporation, and concluded that the possible competitive risks were sufficiently bounded by sectoral regulation, and therefore declared that the operation was adjusted to the provisions of Decree Law N° 211.