Decision No. 1 – Case C 34-04 – Complaint by Asociación Chilena de Seguridad and Instituto de Seguridad del Trabajo, against Dictamen N° 1288 of Comisión Preventiva Central
The Competition Tribunal confirmed Dictamen N° 1288, of April 30, 2004, of Comisión Preventiva Central (Central Preventative Commission), which determined that Employer Mutualities, governed by Law N° 16744, cannot reject a company’s request to join it without cause, or motivated by a small number of employees. Notwithstanding the former, the Tribunal eliminated the third paragraph […]
Resolution No. 17 – Case NC 115-06 – Inquiry by Polla Chilena regarding commercialization policies
The Competition Tribunal stated that Polla Chilena de Beneficiencia S.A. has not infringed the norms in Decree Law N° 211, when it did not grant Agencias Maule S.A., Agencias Bío-Bío S.A., Agencias Araucanía S.A., Agencias Llanquihue S.A., Agencias Copiapó S.A., Agencias Choapa S.A., Agencias Cachapoal S.A., Agencias Metropolitana S.A. and Agencias Quinta S.A. –all vertically […]
Resolution No. 16 – Case NC 116-06 – Inquiry by ExxonMobil regarding Commercialization and Distribution contract
The Competition Tribunal stated that the clauses of the “Distribution Agreement” contract, to be celebrated between ExxonMobil Corporation and the distributor Brenntag Chile Comercial e Industrial Limitada are not, in and of themselves, contrary to free competition. The objective of the contract is the distribution and commercialization of chemical products for industrial purposes, excluding products […]
Resolution No. 15 – Case NC 109-05 – Inquiry by National Prosecutor’s Office regarding franchise contract by Socofar S.A.
The Competition Tribunal stated that the clauses of the franchise contract for the Cruz Verde brand, celebrated between Socofar S.A. and several pharmaceuticals are not contrary to free competition in and of themselves. Regardless, the Tribunal suggested that, in those contracts, the designation of a referee should be agreed by both parties, or designated by […]
Resolution No. 14 – Case NC 111-05 – Inquiry by National Prosecutor’s Office regarding modification of Resolution N° 71 of Comisión Resolutiva (about school textbooks)
The Competition Tribunal solved unfavorably an inquiry by the National Prosecutor’s Office, who intended to modify and complement the general instructions contained in Resolution N° 71, of January 31, 1980, by the Honorable Comisión Resolutiva, currently in force for the market of distribution of school textbooks.
Resolution No. 13 – Case NC 103-05 – Inquiry by DGAC regarding tender bases for gasoline hydrant networks
In accordance to the reccomendation contained in the Competition Tribunal’s Resolution # 6, of May 5, 2005, Dirección General de Aeronáutica Civil (DGAC) presented an inquiry, seeking approval of the Administrative Bases of a tender for a concession to operate and exploit a gasoline hydrant network that comprises terrains and installations destined to supply aircraft […]
Resolution No. 12 – Case NC 114-06 – Inquiry by Asilfa A.G. regarding modification of Resolution N° 634 of the Comisión Resolutiva
The Competition Tribunal considered indispensable for all providers of pharmaceutical products, to create and maintain a website where they must publish the information referred in Resolution N° 634 of Comisión Resolutiva, in order to increase the effectiveness and to facilitate supervision of compliance to the General Instructions pronounced through that resolution. Therefore, the Competition Tribunal […]
Resolution No. 11 – Case NC 100-05 – Inquiry by SAAM regarding elimination of vertical integration restrictions
The Competition Tribunal solved favorably an inquiry by Sudamericana, Agencias Aéreas y Marítimas S.A. (SAAM), authorizing “relevant users” –as defined in Dictamen N ° 1.045 of the H. Comisión Preventiva Central-, the inquirer being one of them, to participate in the capital, in the capital with right to vote, and in the profits of the […]
Resolution No. 10 – Case NC 65-05 – Inquiry by National Prosecutor’s Office regarding applicability of Dictamen N° 1.014 of Comisión Preventiva Central
The Competition Tribunal stated that Dictamen N° 1.004 is currently in force and is applicable, maintaining the restrictions and limitations defined in its fifth and sixth considerations, for all the airports in the country. Dictamen N° 1.014, as its numeral 8.3 states, is only applicable to Arturo Merino Benítez Airport’s tender.
Resolution No. 9 – Case C 33-04 – Inquiry by Lan Chile S.A. and Lan Express regarding approval of modifications to Rates Self-Regulation Plan
The Competition Tribunal approved the adjustments to Lan Airlines S.A. and Transporte Aéreo S.A. (LanExpress)’s Self-Regulation Plan, which had been authorized by Comisión Resolutiva via Resolution N° 496, of October 28, 1997, on the condition that some adjustments were made to it. On July 8, 2005, the Tribunal modified this Resolution, ordering the correction of […]