The Competition Tribunal dismissed the National Economic Prosecutor’s Office’s lawsuit against Cámara de Comercio de Santiago A.G. (CCS), for allegedly engaging in actions against free competition, by conditioning the renewal of the supply contract of Boletín de Informaciones Comerciales (“BIC”) with the company SIISA, to the modification of the contract and the abandonment of the arbitration process that was underway between SIISA and CCS.
It was determined that, although CCS has a special duty of care in their behavior as being a vertically integrated company that controls an essential facility in the upstream market and has a dominant position, it was not proved that CCS had a real intent to exclude SIISA from the bureaus market, or that it had obvious economic incentives to do so, or that it had illicitly lobbied for discontinuance of arbitration as a condition for the renewal of the contract for the supply of BIC.