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 explained how the conducts attributed to the Valparaiso Port Company would affect competition nor how they would amount to an infringement of the Decree Law N° 211. Finally, the Court stated that, even if the conducts were proven, it would have accepted the statute of limitations defense filed by the Valparaiso Port Company, since the facts of the case were executed prior to November 12, 2012.
Considering the passivity of Rumbo Sur during the course of the proceeding, the Court sanctioned the plaintiff with the payment of the trial’s costs.
