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. Conseuuently, the Tribunal stated that COESAM had not incurred in disloyal competition acts.
The Dictamen emerged from an accusation by MITANI, exporters of rose hip to Japan, who had accused COESAN of anticompetitive conducts, based on a letter that the accused allegedly sent to Japan, stating that the accuser’s products were contaminated.
In June 16, 2005, the Supreme Court confirmed the Competition Tribunal’s ruling.