The Competition Tribunal dismissed a lawsuit by Mr. Rossano Renzo Droghetti against Dirección de Compras y Contratación Pública (DCCP). Mr. Droghetti accused DCCP of contravening free competition when doing the tender called “Communicational Campaigns and Creative Advice Services” (the tender), destined to award a framework agreement for the provision of advertising and broadcasting services to public entities for 36 months.
The Tribunal defined the relevant market as the provision of services for the creation, design and development of communication campaigns and creative advice services in general, in the national territory. In this market, the Chilean government does not possess significant power, even when aggregating the demand of all public entities for these services.
Therefore, the lawsuit was dismissed because the first requisite to establish an abuse of dominant position in the terms of Article 3 of Decree Law 211 was not met.