The Competition Tribunal dismissed the lawsuit by the National Economic Prosecutor’s Office against Empresa Eléctrica de Atacama (EMELAT). Even thought the firm has a dominant position regarding the services of escorting the transportation of large dimension cargo in its concession area, it did not abuse of this position while providing said services to Transportes Cortés in February 2007.
The decision establishes that (i) alternative routes were available; (ii) EMELAT was not who chose that specific route; (iii) the prices that were charged were not unjustified; (iv) charging excessive prices is not, by itself, a punishable conduct -as abusive exploitation of a dominant position-, it only will be if it is a consequence of an act or conduct that violates the Competition Act; (v) there was no proof that EMELAT had committed illicit acts or conducts that would allow it to charge excessive prices or arbitrary price discrimination.