Decision No. 70 – Case C 118-06 – Lawsuit by Mr. Luciano Pinto Martínez and others against Enami
The Competition Tribunal dismissed lawsuits by Mr. Luciando Pinto Martínez and Sociedad Comercial Claal Ltda. (Claal) against Empresa Nacional de Minería (ENAMI). The plaintiff had to pay Tribunal costs. In the lawsuit, Claal accused ENAMI of abuse of a dominant position, in buying minerals from small and medium-sized miners, unilaterally imposing abusive buying conditions, considering […]
Decision No. 69 – Case C 112-06 – Lawsuit by Mr. Jorge Delgado Méndez against Copec S.A.
The Competition Tribunal dismissed the lawsuits by Jorge Delgado Méndez, Sociedad Comercial Ezio Rizziere Narváez Guerrero Ltda. and Sociedad Comercial y Distribuidora Proventa Ltda., against Compañía de Petróleos de Chile Copec S.A. (Copec) and Eduardo Bottinelli Mercandino. The plaintiffs had to pay Tribunal costs. In its ruling, the Tribunal stated that both it and its […]
Decision No. 68 – Case C 142-07 – Lawsuit by Comercial e Importadora Audio Música against Mr. Ariel Lagas Canales
The Competition Tribunal dismissed a lawsuit by Comercial e Importadora Audio Música S.A. against Mr. Ariel Lagas Canales. In its ruling, the Tribunal stated that, even though it has jurisdiction over cases in which a registered trademark might have been used as a barrier to entry of legitimate competitors with the objective of achieving, maintaining […]
Decision No. 67 – Case C 124-07 – Lawsuit by Helicópteros del Pacífico Ltda. against CONAF and Ministerio de Agricultura
The Competition Tribunal dismissed a lawsuit by Helicópteros del Pacífico Ltda. Against CONAF and Ministerio de Agricultura, for alleged conducts against free competition in the market of aerial forest fire extinguishing services. One of the accusations against CONAF was to have offered aerial forest fire extinguishing services to third parties, without the corresponding legal and […]
Decision No. 66 – Case C 143-07 – Lawsuit by Mr. Sergio Maldonado Muñoz against Texaco Chile S.A.C.
The Competition Tribunal dismissed a lawsuit by Mr. Sergio Maldonado Muñoz against Texaco Chile S.A.C., given that the plaintiff did not prove that Texaco Chile had engaged in actions against the Decree Law 211. The plaintiff had to pay Tribunal costs. In its ruling, the Tribunal stated that there is no evidence to establish that […]
Decision No. 65 – Case C 101-06 – Lawsuit by the National Economic Prosecutor’s Office against D&S S.A. and Cencosud S.A.
The Competition Tribunal partially accepted a lawsuit by the National Economic Prosecutor’s Office against Cencosud S.A., in ordering the latter to consult the Tribunal, as described in article 31 of Decree Law 211, before any concentration operation in the supermarket industry in which Cencosud intervenes, directly or indirectly, in the terms of Article 100 of […]
Decision No. 64 – Case C 96-06 – Lawsuit by Micom S.A. against ENAP
The Competition Tribunal dismissed a lawsuit by MICOM S.A. against ENAP, for unjustified refusal to deal and exclusionary practices against the plaintiff. In its ruling, the Tribunal stated that it concluded that ENAP’s refusal to accept MICOM as a client had commercial justifications, therefore that conduct cannot be deemed anticompetitive. There was no proof that […]
Decision No. 63 – Case C 103-06 – Lawsuit by the National Economic Prosecutor’s Office against Almacenes Paris and Falabella
The Competition Tribunal ruled in favor of the National Economic Prosecutor’s Office and Banco de Chile, in a lawsuit against S.A.C.I. Falabella and Paris S.A., for collusion and abuse of a dominant position. Falabella had to pay a fine of 8.000 Annual Tributary Units (around US$ 7,4 million) and Paris a fine of 5.000 Annual […]
Decision No. 62 – Case C 122-06 – Lawsuit by Mrs. María Rivas Morel against American British School
The Competition Tribunal partially accepted a lawsuit by Mrs. María Rivas Morel against American British School Ltda., declaring that the latter established conditions that favored a related company in tenders for the use of their brand in the market of making and selling the distinctive school uniform, and excluded its competitors, therefore abusing the right […]
Decision No. 61 – Case C 86-06 – Lawsuit by Delfos Ltda. and the National Economic Prosecutor’s Office against SCL and others
The Competition Tribunal partially accepted lawsuits by the National Economic Prosecutor’s Office and Delfos Ltda. against Consorcio SCL, concessionaire of Arturo Merino Benítez Airport in Santiago, for not selecting tourism taxi operators in the Airport via a public tender. SCL negotiated directly with the companies Tur Bus and Centropuerto, who already offered bus and minivan […]