The Competition Tribunal dismissed a lawsuit by Laboratorio Lafi Ltda. against Laboratorios Pfizer Chile S.A., for alleged disloyal competition actions, consisting of a marketing campaign that tried to discredit a product marketed by the defendant.
The Tribunal stated that a marketing campaign is contrary to free competition when it is deceitful –being comparative or not– and, also, when it has the objective or effect of reaching, maintaining or augmenting a dominant position. For this type of campaign to be punishable by the Competition Tribunal, its characteristics must be proven in the process, which did not happen in this case.
In September 27, 2005, the Supreme Court confirmed the Competition Tribunal’s ruling.