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 order to interconnect telecommunication networks.
Because of this, EFE had to pay a fine. EFE was also ordered to modify the document where these tariffs are determined, called “Reglamento de Atraviesos, Paralelismos y Apoyos”. The new document must include transparent, objective and non discriminatory price determining criteria, and it must be presented to the National Economic Prosecutor’s Office so that this organization ensures that the set parameters are in line with antitrust laws and norms.