The Competition Tribunal dismissed a lawsuit by Will S.A. against Claro S.A., for alleged conducts of predation, disloyal competition and abuse of a dominant position. The Tribunal considered that (i) the necessary elements to configure either the figure of illicit arbitrary price discrimination, or the figure of predatory pricing, were credited; (ii) although Claro has a larger market share than Will, this does not mean that the former has market power that can be abused of. It does not mean that Claro executed illicit acts against Will, since there are other actors in this market, who can discipline eventual anticompetitive actions by Claro.
The Competition Tribunal dismissed the allegation by Claro, who stated that the lawsuit exceeded the statute of limitations, because the time lapse between the allegedly anticompetitive conduct and notification of the lawsuit was less than three years.