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. 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 […]