Decision No. 12 – Case C 47-04 – Lawsuit by Nestlé Chile S.A. against Masterfoods Chile Ltda.
The Competition Tribunal dismissed a lawsuit by Nestlé Chile S.A. against Masterfoods Chile Ltda., for alleged disloyal competition practices, via the use of illicit –according to the plaintiff– publicity. The Tribunal stated that publicity is contrary to antitrust laws when it is deceitful –being comparative or not–, and is ideal to achieve, maintain or augment […]
Decision No. 11 – Case C 29-04 – Lawsuit by Mr. Jorge Middletown Hoschhauser and others against Ministerio de Transportes y Telecomunicaciones
The Competition Tribunal dismissed a lawsuit by Mr. Jorge Middleton Hoschhauser and others, against the Ministerio de Transportes y Telecomunicaciones, for allegedly approving anticompetitive tender bases for roadworthiness checking garages. The plaintiffs stated that the tender bases required that proponents must be juridical persons, excluding private persons, and they also reduced the number of concessions. […]
Resolution No. 26 – Case NC 224-07 – Inquiry by Comercial Chena América Ltda. regarding legitimacy of imports of original products
The Competition Tribunal declared that Comercial Chena Limitada has not infringed free competition laws by importing and commercializing original “Duracell” brand alkaline batteries, regardless of the brand holder’s right to start any legal actions deemed pertinent, in order to defend its legitimate interests. The Tribunal also stated that there is a need for a mechanism, […]
Decision No. 10 – Case C 27-04 – Complaint by Coesam S.A. against Dictamen N° 1284 of H. Comisión Preventiva Central
The Competition Tribunal ruled in favor of a complaint by Comercializadora y Envasadora Santa Magdalena S.A. (COESAM) against Dictamen N° 1284 of H. Comisión Preventiva Central, revoking the part where it stated that COESAM had market power in the market of exports of rose hip to Japan, and that it had abused of that power. […]
Decision # 9 – Case C 03-04 – Consultation by AGIP A.G., regarding conduct of Supermercados Líder against suppliers and consumers in general
The Competition Tribunal analyzed a consultation by Asociación Gremial de Industrias Proveedoras A.G. (AGIP), accusing Supermercados Líder of refusal to sell to consumers, given that the defendant pulled Nestlé chocolates from its aisles as retaliation to the latter company’s refusal to participate in a promotion, programmed by D&S (Líder); regardless, the Supermarket included the Nestlé […]
Decision No. 8 – Case C 25-04 – Lawsuit by Laboratorio Lafi Ltda.against Laboratorio Novartis Chile S.A.
The Competition Tribunal ruled in favor of a lawsuit by Laboratorio Lafi Ltda. against Laboratorio Novartis Chile S.A., for disloyal competition acts consisting of comparative publicity regarding a particular medicine. The Tribunal stated that Novartis had market power in the market of that medicine, and therefore could engage in disloyal competition acts with the object […]
Resolution No. 25 – Case NC 223-07 – Inquiry by Sociedad de Rentas Inmobiliarias S.A. regarding participation in future fiscal airport concessions
“Sociedad Rentas Inmobiliarias” presented an inquiry to the Competition Tribunal, regarding a restriction placed by the Comisión Preventiva Central in 1997, in Dictamen N° 1.004, which prohibited participation of commercial airlines and their related companies in airport concessions, in order to exclude minor aerial navigation companies (air taxis, fire control, other services) from said prohibition. […]
Decision No. 7 – Case C 01-04 – Lawsuit by the National Economic Prosecutor’s Office and complaints by Soprole and Loncoleche, against Dictamen N° 1/96 of the Comisión Preventiva Regional IX
The Competition Tribunal ruled in favor of Sociedad Agrícola y Lechera de Loncoche S.A., currently Watt’s Alimentos S.A., and Sociedad de Productores de Leche S.A., in a complaint against Dictamen N° 1/96 of the Comisión Preventiva de la IX Región (IXth Region Preventative Commission), of May 28, 1996, rendering this ruling ineffective in all its […]
Resolution No. 24 – Case NC 199-07 – Inquiry regarding merger of D&S and Falabella
On January 31, 2008, the Competition Tribunal decided not to clear the merger of Falabella and D&S, since, in its opinion, this operation is not compatible with free competition. The Tribunal’s main arguments to justify its decision were the following: The materialization of the inquired operation would produce an enormous change in the market structure, […]
Resolution No. 23 – Case NC 205-07 – Inquiry by ING S.A. regarding merger of ING AFP Santa María S.A. and Bansander AFP S.A.
The Competition Tribunal declared that the merger of AFP Santa María and AFP Bansander does not contravene free competition laws contained in Decree Law N° 211, as long as the firm complies strictly with three conditions, destined to mitigate foreseeable abuses in commission charges and to facilitate entry and operation of new AFPs. The Tribunal […]