Decision No. 41 – Case C 73-05 – Lawsuit by Fundación Chile Ciudadano and other against Car S.A.
The Competition Tribunal ruled in favor of Fundación Chile Ciudadano, Mr. Daniel Francisco Silva Toledo, and Mr. Gonzalo Marambio García, in a lawsuit against CAR S.A., for not complying with the general instructions that were established in the Comisión Resolutiva’s Resolución N° 666, of October 23, 2002. The defendant had to pay a fine of […]
Decision No. 40 – Case C 62-05 – Lawsuit by Electrónica Sudamericana Limitada against Importadora Rourke y Kuscevic S.A.
The Competition Tribunal dismissed a lawsuit by Electrónica Sudamericana Limitada against Importadora Rourke y Kuscevic S.A., for alleged disloyal competition actions, consisting of preventing direct importing of sound equipment. It was not established that the alleged conducts were suitable to obtain, maintain or augment a dominant position in the market. Therefore, the Tribunal stated that […]
Decision No. 39 – Case C 42-04 – Lawsuit by Producción Química y Electrónica Quimel S.A against James Hardie Fibrocementos Ltda.
The Competition Tribunal dismissed lawsuits by Producción Química y Electrónica Quimel S.A. and Cementa S.A. against James Hardie Fibrocementos Ltda., for alleged infringement of Dictamen N° 1287 and for incurring in predatory pricing practices. The Tribunal concluded that the defendant’s conduct did not infringe antitrust laws, because (a) it cannot be inferred that the defendant […]
Decision No. 38 – Case C 12-04 – Investigation on complaint by Asoex and lawsuit by the National Economic Prosecutor’s Office against Ultramar and others
The Competition Tribunal ruled in favor of the National Economic Prosecutor’s Office and Asoex, in a lawsuit against Sudamericana Agencias Aéreas y Marítimas, Ultramar Agencias Marítimas, Agencias Universales S.A., A.J. Broom y Cía, and Ian Taylor y Cía S.A., for coordinately imposing charges for services that were not requested by exporters. Fines were imposed to […]
Decision No. 37 – Case C 45-04 – Lawsuit by Demarco S.A. against Coinca S.A. and the I. Municipalidad de San Bernardo
The Competition Tribunal ruled in favor of Demarco S.A. and the National Economic Prosecutor’s Office, in a lawsuit against Coinca S.A. and Consorcio Santa Marta S.A. for non compliance to the Comisión Resolutiva’s Resolución N° 650, of May 17, 2002. This, because the defendants offered the plaintiff unpublished prices for the services they offer in […]
Decision No. 36 – Case C 66-05 – Lawsuit by AES Gener S.A. and Norgener S.A. against Electroandina S.A.
The Competition Tribunal approved a conciliation agreement by AES Gener S.A. and Norgener S.A. and Electroandina S.A.. The Competition Tribunal also added an adjustment clause to the “Contract of Services of Unloading, Receiving, Handling and Stockpiling of Coal” subscribed by the parties during the conciliation process.
Decision No. 35 – Case C 71-05 – Lawsuit by Instituto Profesional de Chile against Colegio de Kinesiólogos de Chile A.G.
The Competition Tribunal ruled in favor of Instituto Profesional de Chile, in a lawsuit against Colegio de Kinesiólogos de Chile, for engaging in harassment actions in order to prevent the plaintiff from developing its kinesiology career. The defendant had to pay a fine of 2 Annual Tributary Units (around US$ 2,000).
Decision No. 34 – Case C 72-05 – Lawsuit by Enasa S.A. against Ilustre Municipalidad de Cauquenes
The Competition Tribunal ruled in favor of Empresa Nacional de Servicios de Aseo S.A., ENASA, in a lawsuit against Municipalidad de Cauquenes, for including anticompetitive requirements in a public tender for garbage recollection and disposal services. Such requirements included a clause that deemed subsequent complaints inadmissible, and a clause that allowed the Municipalidad to end […]
Resolution No. 27 – Case NC 198-07 – Inquiry by Subtel regarding participation of mobile telephony concessionaires in advanced digital mobile telephony public contest
The Competition Tribunal declared that, according to free competition norms and the General Telecommunications Act (Law N° 18.168), the current concessionaires of mobile telephony public services cannot be excluded from participating in the contest that motivated the inquiry. Therefore, they can participate as long as they comply with applicable norms and the other general application […]
Decision No. 33 – Case C 63-05 – Lawsuit by the National Economic Prosecutor’s Office against Abbott Laboratories de Chile and others
The Competition Tribunal ruled in favor of the National Economic Prosecutor’s Office, in a lawsuit against Laboratorios Recalcine S.A., Laboratorios Sanderson S.A., Pharma Investi de Chile S.A., Socofar S.A. and Abbott Laboratories de Chile Ltda., for not complying with the general instructions contained in Resolución N° 634, of December 5, 2001, of the H: Comisión […]