After 30 months of litigation:
Voissnet Earn Second Lawsuit against anticompetitive conduct Telefónica Chile
TDLC hosted claims brought by Internet telephone operator Telefónica Chile and sanctioned by their anticompetitive conduct reprehensible to a fine of $ 4.3 million. "This ruling will be sold in Chile naked broad band at a lower price, it being forbidden to trade are tied to the purchase of telephony, which clearly provide Internet access to many businesses and families," said Alberto Mordojovich, manager Voissnet general.
After two and half years of trial, the Court of Defense of Competition, Competition Tribunal ruled in favor of internet telephony operator Voissnet, whose defense was led by lawyer Jose Miguel Gana, Avendaño and Merino partner in their claims against Telefonica for exclusive packaging and tied sales.
"In the news now so bitter, it is gratifying to receive so encouraging. I hope that this decision is ratified by the Supreme Court. It is a tremendous achievement for Chile, for Voissnet and for the Internet community, "said Alberto Mordojovich, general manager of Voissnet.
In particular, Telefónica Chile TDLC sentenced to pay a fine of five thousand tax benefit Utah, about U.S. $ 4.3 million, after determining in its decision that "Telefónica violated the Decree Law No. 211, by conditioning the sale of broadband telephone service contracting, this offer commercially tying together a number of minutes of voice traffic, with negative implicit prices for the latter; conduct suitable to exclude competitors in the market telephony. "
"While this is a good decision, not excellent, because it is very benevolent with SUBTEL in relation to its responsibility as a watchdog of Telefónica in respect of Decree No. 742 of 2003, tariff flexibility. Although the decision makes a recommendation to the minister, this is a concrete sign of mismanagement that allowed the sector authority and protected the illegal bundling of products and prices of the incumbent, contrary to its mandate to protect consumers "said Alberto Mordojovich.
According to the executive, now Voissnet should assess the damage themselves, without doubt, are much higher than the fine Telefonica will pay. "We have been prevented from developing our company, which is not only unfair to Voissnet, but for those who could not choose a new service option as users. The fine is insignificant relative to operating cash flows Telefonica maintained for years, thanks to its policy of holding back development of Internet in Chile. How much will have lost the country during that period? "He said.
But Alberto Mordojovich emphatically asserted that following this failure, a battle-it is urgent to restructure the telecommunications sector and think about other bodies such as functional separation and / or unbundling. This is because "the monopoly is increasingly affecting our development potential, which is unsustainable in a free market economy," he said.
Voissnet Earn Second Lawsuit against anticompetitive conduct Telefónica Chile
TDLC hosted claims brought by Internet telephone operator Telefónica Chile and sanctioned by their anticompetitive conduct reprehensible to a fine of $ 4.3 million. "This ruling will be sold in Chile naked broad band at a lower price, it being forbidden to trade are tied to the purchase of telephony, which clearly provide Internet access to many businesses and families," said Alberto Mordojovich, manager Voissnet general.
After two and half years of trial, the Court of Defense of Competition, Competition Tribunal ruled in favor of internet telephony operator Voissnet, whose defense was led by lawyer Jose Miguel Gana, Avendaño and Merino partner in their claims against Telefonica for exclusive packaging and tied sales.
"In the news now so bitter, it is gratifying to receive so encouraging. I hope that this decision is ratified by the Supreme Court. It is a tremendous achievement for Chile, for Voissnet and for the Internet community, "said Alberto Mordojovich, general manager of Voissnet.
In particular, Telefónica Chile TDLC sentenced to pay a fine of five thousand tax benefit Utah, about U.S. $ 4.3 million, after determining in its decision that "Telefónica violated the Decree Law No. 211, by conditioning the sale of broadband telephone service contracting, this offer commercially tying together a number of minutes of voice traffic, with negative implicit prices for the latter; conduct suitable to exclude competitors in the market telephony. "
"While this is a good decision, not excellent, because it is very benevolent with SUBTEL in relation to its responsibility as a watchdog of Telefónica in respect of Decree No. 742 of 2003, tariff flexibility. Although the decision makes a recommendation to the minister, this is a concrete sign of mismanagement that allowed the sector authority and protected the illegal bundling of products and prices of the incumbent, contrary to its mandate to protect consumers "said Alberto Mordojovich.
According to the executive, now Voissnet should assess the damage themselves, without doubt, are much higher than the fine Telefonica will pay. "We have been prevented from developing our company, which is not only unfair to Voissnet, but for those who could not choose a new service option as users. The fine is insignificant relative to operating cash flows Telefonica maintained for years, thanks to its policy of holding back development of Internet in Chile. How much will have lost the country during that period? "He said.
But Alberto Mordojovich emphatically asserted that following this failure, a battle-it is urgent to restructure the telecommunications sector and think about other bodies such as functional separation and / or unbundling. This is because "the monopoly is increasingly affecting our development potential, which is unsustainable in a free market economy," he said.
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