Decision No. 105 – Case C 179-08 – Lawsuit by NETLANDCHILE S.A. against Ministerio de Transportes y Telecomunicaciones
The Competition Tribunal dismissed the lawsuits by Netland Chile S.A. and Marcom Ltda. against Ministerio de Transportes y Telecomunicaciones, regarding the contest “Digital Infrastructure For Competitiveness and Innovation”, that assigned a subsidy for the development of internet access services in rural areas, financed by de Telacommunications Development Fund. The decision analyzes the competitive conditions of […]
Decision No. 104 – Case C 139-07 – Lawsuit by the National Economic Prosecutor’s Office against Telefónica Móviles de Chile S.A. and others
The Competition Tribunal dismissed a lawsuit by the National Economic Prosecutor’s office against the three mobile telephone companies of the country (Movistar, Entel and Claro). The Tribunal considered that, even though these companies have joint market power regarding access to the necessary services and infrastructure for the operation of Mobile Virtual Operators (MVO), (i) it […]
Decision No. 103 – Case C 151-08 – Lawsuit by Comercial Arauco Ltda. against D&S and other
The Competition Tribunal ruled in favor of Comercial Arauco S.A., in a lawsuit against Distribución y Servicio D&S S.A., sentencing the latter to pay a fine of 100 Annual Tributary Units (around US$ 90,000). This, because the defendant incurred in disloyal competition acts, consisting in deceptive comparative publicity that could help achieve, maintain or augment […]
Decision No. 102 – Case C 191-09 – Lawsuit by National Economic Prosecutor’s Office against Asociación Gremial de Dueños de Mini Buses Agmital
The Competition Tribunal ruled in favor of the National Economic Prosecutor’s Office, in a lawsuit against Asociación Gremial de Dueños de Mini Buses Agmital, sentencing the latter to pay a fine of 50 Annual Tributary Units (around US$ 45,000). This, because the defendant incurred in actions that are contrary to article 3 of Decree Law […]
Decision No. 101 – Case C 161-08 – Lawsuit by Andersen against Emaresa
The Competition Tribunal dismissed a lawsuit by Andersen S.A. against Emaresa S.A., exclusive representative of the brand Stihl in Chile. The lawsuit was dismissed because a dominant position of the latter in the market of distribution and sales of agricultural, forest and gardening products, equipment and machinery in Chile was not proved. The accusation that […]
Decision No. 100 – Case C 127-07 – Lawsuit by Nutripro against Puerto Terrestre Los Andes Sociedad Concesionaria S.A. and the Government of Chile
The Competition Tribunal ruled in favor of Nutripro S.A., Empresas Tucapel S.A., Comercial Terramar Ltda., ED&F Man Chile S.A., Agroexportadora e Importadora Ltda., Agrícola Tarapacá Ltda., Soprodi S.A. and Graneles de Chile S.A., in lawsuits against Puerto Terrestre Los Andes Sociedad Concesionaria S.A. (PTLA). The latter was sentenced to pay a fine of 350 Annual […]
Decision No. 99 – Case C 186-09 – Lawsuit by Comasa against Capel
The Competition Tribunal dismissed a lawsuit by “Comercial y Agrícola S.A.” (Comasa) against Cooperativa Agrícola Pisquera Elqui Ltda. (Capel). First, there is no direct contradiction between the Law of Cooperatives and Capel’s Statutes -on the one hand- and the norms that protect free competition -on the other hand-, regarding the obligations and prohibitions faced by […]
Decision No. 98 – Case C 168-08 – Lawsuit by Fundación Chile Ciudadano and Other against VTR B.A. Chile S.A.
The Competition Tribunal dismissed a lawsuit based on abuse of dominant position by Fundación Chile Ciudadano against VTR Banda Ancha (Chile) S.A.. The Tribunal considered that the plaintiff lacked legal standing to sue the defendant, since the former did not demonstrate its participation in the market that was affected by the allegedly anticompetitive conduct of […]
Decision No. 97 – Case C 135-07 – Lawsuit by Voissnet S.A. against Compañía de Telecomunicaciones de Chile S.A.
The Competition Tribunal ruled in favor of Voissnet S.A., in lawsuits against Compañía de Telecomunicaciones de Chile S.A. (TCH). The latter was sentenced to pay a fine of 5,000 Annual Tributary Units (around US$ 4,2 million). In its ruling, the Tribunal determined that TCH infringed the letter b) of Article # 3 of the Competition […]
Decision No. 96 – Case C 136-07 – Lawsuit by Terquim S.A. against San Antonio Terminal Internacional and Other
The Competition Tribunal dismissed a lawsuit by Terquim S.A. against San Antonio Terminal Internacional S.A. and Empresa Portuaria San Antonio, based on conducts allegedly against the Competition Act. These conducts allegedly harmed users of the premises of Molo Sur, in the port of San Antonio. In its ruling, the Competition Tribunal declared that the lawsuit […]