The Competition Tribunal dismissed the lawsuit by Mr. Gustavo Hasbún Selume against Copec, Esso and Shell, for collusion in the determination of gasoline prices. This decision was reached because of lack of evidence to establish the existence of the illicit act, given that Mr. Hasbún did not present any evidence to support his accusation.
In its considerations, the Tribunal informed that Mr. Hasbún, after presenting his lawsuit, ceased participating in the process. He did not present any evidence in the case, only attended one testimonial audience, did not declare in Tribunal –having been properly notified-, did not attend the hearing, and even had to be ordered to notify the resolution that started the time allowed for producing evidence.
The Tribunal stated in its ruling that, even though the passiveness of the plaintiff is not susceptible of judiciary reproach in and for itself, the decision to start an action and sustaining it must be weighted and taken with a minimum of responsibility –something that Mr. Hasbún did not do-, in order to avoid the unnecessary costs and uncertainty related to every trial.
The Competition Tribunal declared that the plaintiff had to pay Tribunal costs, because he was completely defeated in the trial.