Decision No. 155 – Case C 303-15 – Lawsuit by Arketipo Lighting Co S.A. against FLTechnology Chile Ltda.
The Competition Tribunal dismissed a lawsuit filed by Arketipo Lighting Co. S.A. (“Arketipo”) against Fltechnology Chile Limitada (“FLT Chile”), since the plaintiff did not submit evidence to support the allegations of unfair competition. As Arketipo did not file evidence the imputed facts were not proven nor was the claim that those facts had an object […]
Decision No. 154 – Case C 275-14 – Lawsuit by Conadecus against Telefónica Móviles Chile S.A. and others
The Competition Tribunal dismissed a lawsuit by the National Corporation of Consumers and Users, Consumers Association (“Conadecus”), against Telefónica Móviles Chile S.A. (“Telefónica”), Claro Chile S.A (“Claro”) and Entel PCS Telecomunicaciones S.A (“Entel”), since it considered that the plaintiff did not submit clear and conclusive evidence to support its claim that the defendants participated in […]
Decision No. 153 – Case C 287-14 – Lawsuit by Constetel Ltd. against Telefónica Moviles Chile S.A.
The Competition Tribunal dismissed, with costs, the lawsuit filed by Constetel Ltda. against Telefónica Móviles Chile S.A. (“Movistar”), since it considered that by cutting off the telephone lines associated with the MDG 2000 and B5A Sparta plans, Movistar did not infringe competition in the market. The foregoing since the conditions to establish an abuse of […]
Decision No. 152 – Case C 297-15 – Lawsuit by WSP Servicios Postales S.A. against the Health Superintendence
The Competition Tribunal dismissed a lawsuit by WSP Servicios Postales S.A. against the Health Superintendence, as the Superintendence did not infringe the free competition when it assigned Empresa Correos de Chile, exclusively, the dispatch of the certified mail that Isapres are legally bound to send to their affiliates. The foregoing, since the monopoly granted by […]
Decision No. 151 – Case C 293-15 – Lawsuit by Metalúrgica Silcosil Ltda. Agaist Masisa S.A. And Other
The Competition Tribunal dismissed a lawsuit by Metalúrgica Silcosil Limitada (“Silcosil”) against Masisa S.A. (“Masisa”) and Masisa Componentes SpA (“Componentes”), stating that the defendants did not have a dominant position in the relevant markets, therefore were unable to incur in the accused abuses of dominant position. In the ruling, the Tribunal stated that the controversy […]
Decision No. 150 – Case C 294-15 – Lawsuit by Rumbo Sur Ltda. against the Valparaiso Port Company
The Competition Tribunal dismissed a lawsuit by Rumbo Sur Limitada (“Rumbo Sur”) against the Valparaiso Port Company. As the main argument for this decision, the Court concluded that the evidence presented in the case was not enough to prove the charges made by Rumbo Sur. In addition, the Court held that the plaintiff did not […]
Decision No. 149 – Case C 283-14 – Lawsuit by Transportes Delfos Ltda. against SCL Terminal Áereo de Santiago S.A. and others against SCL Terminal Áereo de Santiago S.A. and others
The Competition Tribunal dismissed a lawsuit by Transportes Delfos Ltda. (“Delfos”) against SCL Terminal Aéreo de Santiago S.A. (“SCL”), Sociedad Administradora de Estacionamientos Maxximiza S.A. (“Maxximiza”) –sub concessionaire of Vía Controlada– and Agencias Universales S.A. (“Agunsa”) –controller of SCL– since it was concluded that Delfos’ accusations regarding the market for passengers’ transport from the International […]
Decision No. 148 – Case C 280-14 – Lawsuit by the National Economic Prosecutor’s Office against Asfaltos Chilenos S.A. and others
The Competition Tribunal partially accepted a lawsuit by the National Economic Prosecutor’s Office (FNE) against Asfaltos Chilenos S.A. (ACH), Dynal Industrial S.A. (Dynal), Empresa Nacional de Energía Enex S.A. (ENEX) and Química Latinoamericana S.A. (QLA), declaring that the aforementioned companies violated article 3, letter a), of Decree Law N° 211. The FNE accused the companies […]
Decision No. 147 – Case C 279-14 – Lawsuit by the National Economic Prosecutor’s Office against SMU
The Competition Tribunal partially accepted a lawsuit by the National Economic Prosecutor’s Office against SMU S.A. (“SMU”), for not complying with the First and Third conditions of Resolution # 43/2012 (“the Resolution”). The National Economic Prosecutor’s Office accused SMU of not complying with the First, Second N° 1 and Third conditions of the Resolution that […]
Decision No. 146 – Case C 275-14 – Lawsuit by Conadecus against Telefónica Móviles Chile S.A. and others
The Competition Tribunal dismissed a lawsuit by Corporación Nacional de Consumidores y Usuarios de Chile, Asociación de Consumidores against Telefónica Móviles Chile S.A., Claro Chile S.A. and Entel PCS Telecomunicaciones S.A., with costs, stating that the plaintiff lacked active legitimacy to present a lawsuit for exclusionary acts, given that consumers were not the immediate passive […]