Chile: Competition court rejects abuse of dominance suit against Claro, Movistar and Entel

Chile’s competition tribunal, the TDLC, has rejected the suit pressed by Netline Mobile, OPS Ingeniería Limitada and Telecomunicaciones Max against Claro (América Móvil), Movistar (Telefónica) and Entel over their alleged use of uncompetitive practice, such as exclusion, price discrimination and abuse of dominance.

In legal terms, the plaintiffs had argued that the three companies had failed to comply with the Supreme Court’s 2011 ruling, which forces the companies to present an offer of facilities and/or resale plans for smaller Virtual Mobile Operators. The companies are also accused of several violations of Article 3 of Decree 211, which applies to any who ”perform any action, event or convention which impedes, restricts of presents a burden to free competition.”

The TDLC’s sentence makes clear that, based on the available evidence, all three companies did in fact fulfil their obligations to the Supreme Court, thus rejecting the plaintiff’s case. The court also indicated that “commercial conditions would have allowed the arrival of competitors as efficient as who has made the offer. This can not be considered margin squeezing.”
Full Content: Telesemana

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