The Competition Tribunal dismissed lawsuits by Producción Química y Electrónica Quimel S.A. and Cementa S.A. against James Hardie Fibrocementos Ltda., for alleged infringement of Dictamen N° 1287 and for incurring in predatory pricing practices. The Tribunal concluded that the defendant’s conduct did not infringe antitrust laws, because (a) it cannot be inferred that the defendant had enough market power to have a reasonable expectation of recouping the short run losses of a predatory practice in the long run, and (b) it was not proved that the defendant sold its fiber cement products with prices below the relevant avoidable costs.
In January 22, 2007, the Supreme Court deemed the Competition Tribunal’s ruling ineffective.