Decision No. 115 – Case C 196-09 –Lawsuit by the National Economic Prosecutor’s Office against Cía. Chilena de Tabacos S.A.
The Competition Tribunal ruled in favor of the National Economic Prosecutor’s Office and Philip Morris Chile Comercializadora Ltda., in lawsuits against Compañía Chilena de Tabacos S.A., declaring that the subscription of contractual clauses of renting advertising space or advertising rights by this company, in its practical application, restrict and hinder competition, or at least tend […]
Decision No. 114 – Case C 206-10 –Lawsuit by Rossano Renzo Droghetti Lobos against Dirección de Compras y Contratación Pública
The Competition Tribunal dismissed a lawsuit by Mr. Rossano Renzo Droghetti against Dirección de Compras y Contratación Pública (DCCP). Mr. Droghetti accused DCCP of contravening free competition when doing the tender called “Communicational Campaigns and Creative Advice Services” (the tender), destined to award a framework agreement for the provision of advertising and broadcasting services to […]
Decision No. 113 – Case C 197-09 –Lawsuit by the National Economic Prosecutor’s Office against Abercrombie & Kent S.A. and others
The Competition Tribunal dismissed a lawsuit by the National Economic Prosecutor’s Office against Abercrombie & Kent S.A., ADSmundo Turismo Ltda., Turismo Cocha S.A., Chilean Travel Services Ltda. (CTS) and Turavión Ltda. The Tribunal considered that, even though it can be credited that at least some of the defendants worked coordinately to try to obtain larger […]
Decision No. 112 – Case C 194-09 –Lawsuit by the National Economic Prosecutor’s Office against Radio Valparaíso S.A. and others
The Competition Tribunal ruled in favor of the National Economic Prosecutor’s Office, in a lawsuit against Radio Valparaíso Limitada, Transco S.A., Sociedad de Inversiones Santa Ignacia Limitada, Radio Corporación S.A., Inversiones San José Limitada, Altronix Comunicaciones Limitada, Empresa Nacional de Transmisiones y Duplexiones Limitada, Bío Bío Comunicaciones S.A., Cristián Wagner Muñoz and Claudio Toro Arancibia. […]
Decision No. 111 – Case C 205-10 – Lawsuit by Mr. Marcelo Aracena del Río against Monrás y Gunther Ltda.
The Competition Tribunal dismissed a lawsuit by Mr. Marcelo Aracena del Río against his former employer, Monrás y Gunther Ltda., given that no evidence was presented in Tribunal in order to prove the alleged infractions. Notwithstanding this, the decision analyzes the no competition clause that motivated the lawsuit. The Tribunal stated that clauses of this […]
Decision No. 110 – Case C 199-10 – Lawsuit by Sociedad Will S.A. against Claro Chile S.A.
The Competition Tribunal dismissed a lawsuit by Will S.A. against Claro S.A., for alleged conducts of predation, disloyal competition and abuse of a dominant position. The Tribunal considered that (i) the necessary elements to configure either the figure of illicit arbitrary price discrimination, or the figure of predatory pricing, were credited; (ii) although Claro has […]
Decision No. 109 – Case C 193-09 – Lawsuit by Conservación Patagónica Chile S.A. and others against Endesa S.A. and others
The Competition Tribunal declared that this lawsuit exceeded the statute of limitations, as stated by Centrales Hidroeléctricas de Aysén S.A. and Endesa S.A. in their defenses, given that more than two years had passed between the time of the allegedly anticompetitive conduct and notification of the lawsuit by Conservación Patagónica Chile S.A., Corporación de Desarrollo […]
Decision No. 108 – Case C 158-08 – Lawsuit by Jaime Spencer e Hijos Ltda. against Copec
The Competition Tribunal dismissed a lawsuit by Jaime Spencer e Hijo Ltda. against Compañía de Petróleos de Chile COPEC S.A. and its executive, Mr. Eduardo Bottinelli M., regarding alleged abuses of a dominant position, contained in certain clauses of several contracts signed by the parties. These contracts allegedly imposed abusive obligations to the plaintiff, who […]
Decision No. 107 – Case C 185-09 – Lawsuit by Comercial y Agrícola Verde Sur Ltda. against Petróleos Transandinos S.A.
The Competition Tribunal dismissed a lawsuit by Comercial y Agrícola Verde Sur against Petróleos Transandinos S.A. (now Terpel), stating that: (i) the differences between the price at which the defendant sold fuel to the plaintiff, compared to the price for other diesel distributors, is reasonably explained by cost and risk differences that the different types […]
Decision No. 106 – Case C 163-08 – Lawsuit by the National Economic Prosecutor’s Office against Bertonati Vehículos Especiales Ltda. and others
In its ruling, the Competition Tribunal declared that the lawsuit exceeded the statute of limitations, as stated by Conversiones San José Ltda., Bertonati Vehículos Especiales Ltda., Kaufmann S.A. Vehículos Motorizados and Comercial Kaufmann S.A. in their defenses. Therefore, the lawsuit was dismissed. Given this, and applying the dispositions contained in Article 170 N° 6 of […]