The Competition Tribunal partially accepted a lawsuit by Mrs. María Rivas Morel against American British School Ltda., declaring that the latter established conditions that favored a related company in tenders for the use of their brand in the market of making and selling the distinctive school uniform, and excluded its competitors, therefore abusing the right that industrial property gives them regarding their name and distinctive badge.
Because of this, American British School had to pay a fine of 25 Annual Tributary Units (around US$ 23,000). The Tribunal also ruled that, from now on, the School should not restrict the number of providers of its distinctive school uniform, unless it is assigned to a company via a transparent and objective tender process. This process should (a) Favor the presentation of offers from enough competitors so that there is an effective competition, (b) Establish explicit selection criteria of uniform provides, and respect said criteria, which should necessarily include price and quality of the products; and (c) Guarantee transparency, making it possible for parents and legal guardians to inform themselves of the selection criteria for the school uniform providers.