Decision No. 55 – Case C 94-06 – Lawsuit by the National Economic Prosecutor’s Office against Lan Airlines S.A. and Lan Chile Cargo S.A.
The Competition Tribunal partially accepted a lawsuit by the National Economic Prosecutor’s Office against Lan Airlines S.A. and Lan Cargo S.A.. The Tribunal stated that the defendants infringed free competition by abusive exploitation of their dominant position in the market of international air cargo transportation with destination Punta Arenas, spilling over the anticompetitive effects to […]
Decision No. 54 – Case C 85-06 – Lawsuit by Motorrad Ltda. against Classic Motos Ltda.
The Competition Tribunal dismissed a lawsuit by Motorrad Ltda. against Classic Motos Ltda.. The Tribunal concluded that market shares and the alleged anticompetitive conducts were not proven by any party. The plaintiff had to pay Tribunal costs.
Decision No. 53 – Case C 87-06 – Lawsuit by Labbé, Haupt y Cía. Limitada against Shell Chile
The Competition Tribunal ruled in favor of Labbé Haupt y Compañía Limitada, in a lawsuit against Shell Chile, declaring that the latter infringed Dictamen N° 435 of the H. Comisión Preventiva Central (the Tribunal’s legal predecessor). Because of this, Shell Chile had to pay a fine of 250 Annual Tributary Units (around US$ 230,000). The […]
Decision No. 52 – Case C 115-06 – Lawsuit by Tecnofarma S.A. against Sanofi Aventis
The Competition Tribunal dismissed a lawsuit by the laboratory Tecnofarma S.A. against the laboratory Sanofi Synthelabo Grupo Sanofi Aventis. The Tribunal considered that, from the tone of the letters sent by the defendant to the plaintiff, it emerges that said letters had the sole purpose of informing the plaintiff of the existence of patents N° […]
Decision No. 51 – Case C 67-05 – Lawsuit by AFFI against Novasalud.com and others
The Competition Tribunal dismissed a lawsuit by Asociación de Químicos Farmacéuticos de Farmacias Independientes de Chile -AFFI- against the laboratories Boehringer Ingelheim, Pfizer Chile, Novartis Chile, Recalcine and ITF FArma Chile, the drug stores Ahumada, Salcobrand, Cruz Verde and Novasalud.com, and the company ABF Administradora de Beneficios Farmacéuticos. This decision was reached because the plaintiff […]
Decision No. 50 – Case C 93-06 – Lawsuit by Hemisferio Izquierdo Consultores against Mr. José Soler Lertora
The Competition Tribunal partially accepted a lawsuit by Hemisferio Izquierdo Consultores Limitada against Mr. José Esteban Soler Lertora, ordering the defendant to abstain from executing conducts that tend to prevent his competitors from using the generic expression “Executive Search”, to identify executive selection and hiring services.
Decision No. 49 – Case C 82-05 – Lawsuit by Rochet S.A. against Mattel Chile S.A.
The Competition Tribunal dismissed the lawsuits by Rochet S.A. against Mattel Chile S.A. and Hasbro Ltda., because the plaintiff did not prove the defendants’ alleged acts and conducts, and the defendants had legitimate reasons to not provide Rochet with benefits related to 2005 post-season sales. The plaintiff had to pay Tribunal costs.
Decision No. 48 – Case C 64-05 – Lawsuit by Asoex against Ultramar and SAAM
The Competition Tribunal dismissed the lawsuit by Asociación de Exportadores de Chile A.G. (Asoex) against Ultramar Agencia Marítima S.A. (Ultramar) and Sudamericana Agencias Aéreas y Marítimas S.A. (SAAM). The Tribunal considered that the fee charged by the defendants for emitting an additional document that certifies the shipment and its corresponding ship cannot constitute an abuse […]
Decision No. 47 – Case C 13-04 – Lawsuit by the National Economic Prosecutor’s Office against Sociedad Punta de Lobos S.A.
The Competition Tribunal partially accepted a lawsuit by the National Economic Prosecutor’s Office against Sociedad Sal Punta Lobos S.A., stating that the latter infringed antitrust laws by imposing artificial barriers to entry, with the objective of maintaining is dominant position in the internal market of salt. Sociedad Sal Punta Lobos S.A. had to pay a […]
Decision No. 46 – Case C 78-05 – Lawsuit by Recalcine S.A. against Novartis Chile S.A.
The Competition Tribunal dismissed a lawsuit by Laboratorios Recalcine S.A. against Laboratorio Novartis Chile S.A.. The Tribunal considered that there was reasonable doubt regarding the real composition of the product ZEITE, doubt that justified Novartis’s judicial and administrative actions, the latter being the owner of an invention patent over the active ingredient Imatinib Mesilato in […]