Resolution No. 39 – Case NC 399-11 – Inquiry by Organización Terpel Chile regarding the acquisition of the assets of Sociedad Petróleos Transandinos S.A. and Operaciones y Servicios Terpel Ltda. By Quiñenco S.A.
The Competition Court (i) declared that the operation inquired by Organización Terpel Chile S.A. and Quiñenco S.A. infringes the norms of Decree Law N° 211; (ii) partially accepted Organización Terpel Chile S.A.’s request, in that the period for Terpel Chile’s assets divestiture is extended in five months, counted from expiration of the deadline set in […]
Resolution No. 38 – Case NC 396-11 – Inquiry by RTC S.A. regarding the right to import and commercialize products under the “Nemesis” brand
The Competition Court declared that RTC S.A. has not infringed free competition laws by importing and commercializing car alarms and car accessories under the “Nemesis” brand, as long as hese are authentic products, rightfully acquired by the consultant in any other country. In this sense, the Tribunal confirmed previous jurisprudence that has established freedom to […]
Resolution No. 37 – Case NC 388-11 – Inquiry by Conadecus regarding the concentration operation between LAN Airlines S.A. and TAM Linhas Aéreas S.A.
The Competition Court, in a divided decision, approved the merger between LAN Airlines S.A. and TAM Linhas Aéreas S.A. (LAN and TAM, respectively), analyzed by this Tribunal because of an inquiry by Corporación Nacional de Consumidores y Usuarios de Chile (CONADECUS), subject to the following mitigation measures: (i) exchange of four of LAN or TAM’s […]
Resolution No. 36 – Case NC 387-11 – Inquiry by GLR Chile Ltda. and others regarding participation in public contests for radio broadcasting concession renewals
The Competition Tribunal authorized participation of the societies GLR Chile Ltda. and Iberoamericana Radio Chile S.A. in the public contests for FM radio broadcasting concession renewals, for the concessions it currently possesses, in the cities of Chillán, Villarrica and Punta Arenas. This decision was voted against by Judges Velozo and Morales, who did not want […]
Resolution No. 35 – Case NC 392-11 – Inquiry by Cencosud regarding long term rental of Supermercados Abarttal
The Competition Tribunal decided to authorize, with no conditions, the transaction inquired by Cencosud Retail S.A., regarding the rental of supermarkets in the cities of Vallenar and Huasco, for twenty years. This decision was founded in the following: (i) there are no foreseeable anticompetitive risks to this operation in the wholesale market; (ii) considering the […]
Resolution No. 34 – Case NC 380-10 – Inquiry by Copec S.A. regarding the effects in Chile of its participation in Terpel Colombia’s property, and proposed mitigation measures
The Competition Tribunal declared that the inquiry by Compañía de Petróleos de Chile Copec S.A., regarding the effects in Chile of its participation in the property of Organización Terpel S.A. (Terpel Colombia), adjusts to Decree Law N° 211, as long as it complies with a series of conditions. The main condition is selling Organización Terpel […]
Resolution No. 33 – Case NC 382-10 – Inquiry by Cencosud regarding rental of supermarkets owned by Comercial Condell
The Competition Tribunal decided to authorize, with no conditions, the inquired transaction by Cencosud S.A. and Cencosud Retail S.A., regarding the rental of five supermarkets, in the cities of Rancagua, Doñihue, Graneros and San Francisco de Mostazal. These supermarkets are currently managed by Comercial Condell. This decision was founded in the following: (i) the current […]
Resolution No. 32 – Case NC 378-09 – Inquiry by GLR Chile Ltda. and others regarding participation in public contests for radio broadcasting concession renewals
The Competition Tribunal authorized participation of the radio consortium GLR-Iberoamerican in the public contests for FM radio broadcasting concession renewals, for the concessions it currently possesses, in the cities of San Felipe, Temuco and Valdivia.
Resolution No. 31 – Case NC 339-09 – Inquiry regarding Merger of Anagra S.A. and SQM Comercial S.A.
The Competition Tribunal declared that SQMC and Anagra’s merger does not infringe free competition laws in Decree Law N° 211, as long as the companies abide by the following four conditions, destined to mitigate the merger’s inherent risks. SQMC must file an inquiry in the Competition Tribunal, before materializing any vertical integration operation with intermediaries […]
Resolution No. 30 – Case NC 280-08 – Inquiry by Centrales Hidroeléctricas de Aysén S.A. regarding the acquisition of or application for new water exploitation rights in the Aysén river basin
The Competition Tribunal resolved favorably an inquiry by Centrales Hidroeléctricas de Aysén S.A., regarding the acquisition of or application for new water exploitation rights in four points of the Aysén river basin, destined to be used during the construction of four electricity plants that will provide Aysén’s electric system, Sistema Eléctrico de Aysén or SMA. […]