The Competition Tribunal dismissed a lawsuit for alleged predatory practices by CMET S.A.C.I. against Compañía de Telecomunicaciones de Chile S.A.. The plaintiff had to pay Tribunal costs.
In its ruling, the Tribunal declared that the lawsuit was dismissed because no cost study or any other proof, in order to establish that Compañía de Telecomunicaciones de Chile S.A. offered a promotion to the public, pricing it below its avoidable cost.
Notwithstanding the former, the Tribunal stated that Compañía de Telecomunicaciones de Chile S.A., offered said promotion infringing the Ministry of Transport and Telecommunication’s Supreme Decree N° 742/03. This Decree contained explicit rules about the regime of tariff flexibility. Therefore, this infringement might have been considered against antitrust laws. However, since compliance to that Supreme Decree was not a part of the lawsuit, and the parties did not have a legal opportunity to debate or bring evidence in the matter, the Competition Tribunal decided not to impose any sanctions.