The Competition Tribunal declared that Comercial Chena Limitada has not infringed free competition laws by importing and commercializing original “Duracell” brand alkaline batteries, regardless of the brand holder’s right to start any legal actions deemed pertinent, in order to defend its legitimate interests.
The Tribunal also stated that there is a need for a mechanism, alternative to a judicial process, to prove the legitimacy of products imported by third parties, different from the official distributors, so as to efficiently generate certainty regarding their commercialization in the country. This would contribute to increase competition, transparency and information in national markets. In the Tribunal’s opinion, there’s a need for norms that facilitate certification of the originality of imported products, especially in the case of brands that are registered in Chile by third parties, different from the importer.