Decision No. 25 – Case C 35-04 – Complaint by Héctor Sotomayor Inostroza against Entel PCS
The Competition Tribunal dismissed a complaint by Mr. Héctor Sotomayor Inostroza against Entel PCS Telecomunicaciones S.A., for practices against antitrust laws, consisting in tied-in sales (prepaid mobile phone packages) and blocking of the SIM (Subscriber Identity Module) cards with which the defendant’s mobile phones operated, preventing their use in other mobile phones. The Tribunal stated […]
Decision No. 24 – Case C 41-04 – Lawsuit by Laboratorio Knop Ltda. against Farmacias Ahumada S.A. and others
The Competition Tribunal ruled in favor of Laboratorio Especialidades Farmacéuticas Knop Limitada, in a lawsuit against Farmacias Ahumada S.A., for disloyal competition consisting in the imitation of the plaintiff’s product Paltomiel. The Tribunal stated that the facts that the defendant had a dominant position in the market, and that it sold a product that imitated […]
Decision No. 23 – Case C 56-04 – Lawsuit by Dakota S.A. against Comercial y Distribuidora Pé y Pé Ltda. and others
The Competition Tribunal dismissed a lawsuit by Dakota S.A. against Comercial y Distribuidora Pé y Pé Limitada and others, for alleged disloyal competition acts –use of the “Dakota” brand for shoes–. The Tribunal stated that, in order to configure disloyal competition, two copulative conditions must be proved: the allegedly disloyal competition acts must have taken […]
Decision No. 22 – Case C 17-04 – Lawsuit by Distribuidora Molino S.A. against Distribuidora de Publicaciones Alfa S.A.
The Competition Tribunal dismissed the lawsuit by Distribuidora Molino S.A. against Distribuidora de Publicaciones Alfa S.A., for alleged refusal to sell. The Tribunal stated that this case begun in the H. Comisión Preventiva Central (Central Preventative Commission) that did not have legal standing to impose sanctions. Since the Tribunal is the legal continuator of the […]
Decision No. 21 – Case C 59-04 – Lawsuit by the National Economic Prosecutor’s Office against Sociedad Desarrollos Educacionales S.A.
The Competition Tribunal dismissed a lawsuit by the National Economic Prosecutor’s Office against Sociedad deDesarrollos Educacionales S.A., for alleged infringement of antitrust laws in the tender processes for school uniforms, uniforms that are mandatory for all the students of the schools it controls. According to the National Economic Prosecutor’s Office, the plaintiff had established that […]
Decision No. 20 – Case C 21-04 – Lawsuit by Mr. Nain Rostion Allel and others against I. Municipalidad de Santiago
The Competition Tribunal dismissed the lawsuits by Mr. Nain Rostión Allel, Mr. Francisco Sánchez Merello, Mr. Tomás Guardia Gutiérrez and Agrupación Defendamos La Ciudad, against I. Municipalidad de Santiago, for denying municipal permits for surface parking lots, after concession contracts for underground parking lots were signed. In these areas, surface parking lots were forced to […]
Decision No. 19 – Case C 24-04 – Complaint by Megamercados Líder de La Serena against Dictamen N° 6 of Comisión Preventiva IV Región
The Competition Tribunal ruled in favor of Megamercados Líder de La Serena, revoking Dictamen N° 6/2003/IV of the H. Comisión Preventiva de la IV Región de Coquimbo (IVth Region Preventative Commission). This Dictamen had ruled in favor of Cámara de Comercio de Punitaqui, in an accusation against Megamercados Líder de La Serena (Líder), for disloyal […]
Decision No. 18 – Case C 10-04 – Lawsuit by the National Economic Prosecutor’s Office against gasoline distributors
The Competition Tribunal dismissed the lawsuit by the National Economic Prosecutor’s Office against the gasoline distributors Copec, Shell, Esso and YPF, for alleged collusive practices, except for certain measures. In October 26, 2005, the Supreme Court confirmed the Competition Tribunal’s Ruling.
Decision No. 17 – Case C 44-04 – Lawsuit by Laboratorio Lafi Ltda. against Laboratorios Pfizer Chile S.A.
The Competition Tribunal dismissed a lawsuit by Laboratorio Lafi Ltda. against Laboratorios Pfizer Chile S.A., for alleged disloyal competition actions, consisting of a marketing campaign that tried to discredit a product marketed by the defendant. The Tribunal stated that a marketing campaign is contrary to free competition when it is deceitful –being comparative or not– […]
Decision No. 16 – Case C 23-04 – Complaint by UIP Chile Ltda. and Andes Films S.A. against Dictamen N° 1227 of Comisión Preventiva Central
The Competition Tribunal ruled in favor of United International Pictures Chile Ltda., Andes Films S.A. and Chile Films S.A., in a complaint against Dictamen N° 1277, by the H. Comisión Preventiva Central (the Central Preventative Commission), of December 30, 2003. The Dictamen was revoked. The Dictamen had ruled in favor of Sound Color S.A.’s complaint […]