Decision No. 85 – Case C 79-05 – Lawsuit by Constructora e Inmobiliaria Independencia Ltda. against Aguas Nuevo Sur Maule S.A.

The Competition Tribunal ruled in favor of Constructora e Inmobiliaria Independencia, against the sanitary services company Aguas Nuevo Sur Maule S.A. (ANSM). The latter had been accused of establishing arbitrarily discriminatory charges when providing water treatment and sewage services to housing projects in rural areas of the VIIth Region. The Tribunal sentenced the latter to […]

Decision No. 83 – Case C 155-08 – Lawsuit by Telmex Servicios Empresariales S.A. against Compañía de Telecomunicaciones de Chile S.A.

The Competition Tribunal dismissed the lawsuit by Telmex Servicios Empresariales S.A. (Telmex) against Compañía de Telecomunicaciones de Chile S.A. (Telefónica CTC), for alleged disloyal competition actions. The alleged actions included an eventual systematic abuse of administrative and legal procedures by the defendant, with the objective of overturning Telmex’s allocation of a national concession for providing […]

Decision No. 82 – Case C 140-07 – Lawsuit by the National Economic Prosecutor’s Office against Asociación Gremial de Buses Interbus and others

The Competition Tribunal ruled in favor of the National Economic Prosecutor’s Office, in a lawsuit against Asociación Gremial de Buses Interbus, sentencing the latter to a fine of 60 Annual Tributary Units (around US$ 46,000), for having engaged in collusive practices with the object and effect of excluding a competitor from the relevant market. In […]

Decision No. 81 – Case C 148-07 – Lawsuit by the National Economic Prosecutor’s Office against Junta de Aeronáutica Civil

The Competition Tribunal ruled in favor of the National Economic Prosecutor’s Office, in a lawsuit against Junta de Aeronáutica Civil (JAC), and ordered the modification of the Bases of the latter’s Tendering Process that assigned seven restricted, direct air frequencies between the cities of Santiago and Lima. This, with the objective of facilitating the entrance […]

Decision No. 80 – Case C 97-06 – Lawsuit by Reebok Chile S.A. against Reebok International Limited and other

The Competition Tribunal dismissed a lawsuit by Reebok Chile S.A. (RCH) against Reebok International Limited (RIL) and Adidas Chile Ltda. (Adidas), for alleged exclusionary and disloyal competition practices. The Tribunal considered that the defendants’ -who market Adidas products- conducts, consisting in threatening RCH’s clients with confiscation of products acquired to that company, configures disloyal competition, […]

Decision No. 79 – Case C 132-07 – Lawsuit by the National Economic Prosecutor’s Office against Asfaltos Moldeables de Chile S.A. and others

The Competition Tribunal dismissed a lawsuit by the National Economic Prosecutor’s Office against MK Asfaltos Moldeables Chile S.A., Productos Bituminosos S.A. and Química Latinoamericana S.A., in which the defendants were accused of coordinating prices and other competition variables, with the object of boycotting a public tender, published in the Chilean public tender website www.chilecompra.cl. In […]

Decision No. 78 – Case C 111-06 – Lawsuit by GPS Chile S.A. against Entel PCS S.A.

The Competition Tribunal dismissed the lawsuit by GPS Chile against Enptel PCS, for alleged predatory practices, margin squeeze and cross-subsidies in the commercialization of vehicle positioning services, or AVL. In its ruling, the Tribunal dismissed GPS Chile’s predatory pricing accusation, because Entel PCS did not possess sufficient market power at the time of the alleged […]

Decision No. 77 – Case C 137-07 – Lawsuit by the National Economic Prosecutor’s Office against Ilustre Municipalidad de Curicó

The Competition Tribunal partially accepted the lawsuit by the National Economic Prosecutor’s Office against Ilustre Municipalidad de Curicó, declaring that the latter infringed Article 3 of the Decree Law 211 by establishing competition restricting clauses in a public tender for garbage and refuse collection, transport and disposal. Therefore, the defendant received a fine of 5 […]

Decision No. 76 – Case C 100-06 – Lawsuit by GTD Teleductos S.A. against EFE

The Competition Tribunal partially accepted a lawsuit by GTD Teleductos S.A. against Empresa de los Ferrocarriles del Estado (EFE), declaring that the latter abused its dominant position, infringing Article 3 letter b) of Decree Law 211. The abuse consisted of arbitrary discrimination when determining prices of crossing the rail line, needed by the plaintiff in […]