The Competition Tribunal dismissed the lawsuit by Telmex Servicios Empresariales S.A. (Telmex) against Compañía de Telecomunicaciones de Chile S.A. (Telefónica CTC), for alleged disloyal competition actions. The alleged actions included an eventual systematic abuse of administrative and legal procedures by the defendant, with the objective of overturning Telmex’s allocation of a national concession for providing the public service of local wireless telephony, for the operation of WiMax technology. The Competition Tribunal declared that the plaintiff had to pay Tribunal costs.
In its ruling, the Tribunal dismissed Telmex’s accusation of disloyal competition, given that, from the evidence presented in the case, it cannot be concluded that Telefónica CTC’s actions had the unmistakable intention of preventing, hindering or obstructing Telmex’s entry to the market. On the contrary, according to the Tribunal’s ruling, enough evidence was provided in this case to prove that Telefónica CTC had a legitimate interest in being the recipient of the necessary national concession to operate WiMax technology, and that Telefónica CTC at least had arguments worthy of consideration to justify the legitimacy of the legal procedures it underwent.