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 of retail distribution entailed (gas stations versus tank trucks); (ii) the accusation of disloyal competition cannot be sustained, since the defendant does not compete with the plaintiff; (iii) the required circumstances to configure a refusal to sell that is against free competition were not proven; and, (iv) regarding price discrimination with respect to gas stations in other cities of the IXth Region of Chile, no proof that credited that the Region comprises a unique relevant market was presented. Since each city was considered a relevant market by the Tribunal, the alleged price discrimination cannot alter competition in the retail gasoline distribution market. Furthermore, the Tribunal was not convinced of the allegation that the price differences are not justified by relevant cost differences or by other allocative efficiency reasons.
