The Competition Tribunal dismissed a lawsuit by Condominio Campomar (“the Community”) against Inmobiliaria Santa Rosa de Tunquén Limitada. Even though it was proven that the latter has significant market power in the market of collection and treatment of drinking water and its distribution within the Community, the existence of insurmountable barriers to entry in this market was not proven. The Tribunal did not deem necessary to analyze the rest of the claims set forward during the case, in accordance to Article 170 N° 6 of the Civil Procedural Code.
Judges Menchaca and Domper held a minority ruling, where they stated that even though they concur to the dismissal of the lawsuit, they did not agree with its rationale; they consider that our law and jurisprudence does not contain exploitative excessive prices as a punishable conduct.