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The Court for the Defense of Free Competition (TDLC) rejected the lawsuit filed by the Taxi Union against the applications Cabify, Uber and Easy Taxi those who accused of unfair competition
The union denounced abuse of dominant position through pricing and predatory pricing. In addition, they particularly accused Uber of “executing acts of unfair competition by violating the rules applicable to taxi drivers. “
The TDLC reported Tuesday that “dismissed the lawsuits and it concluded that the plaintiffs did not provide sufficient information to prove the alleged conduct. “
Refering to unfair competition, the court considered that “the prosecution of violations of regulations other than those of free competition requires ‘prejudiciality’, that is, that said violations are known and declared by the competent authority through a firm and enforceable decision; and that the evidence that accompanied the plaintiffs did not allow to prove said prejudiciality“.
Regarding the accusation of abuse of dominant position, the TDLC stated that, “in addition to the fact that the plaintiffs they did not provide sufficient evidence, said accusation could not be reproached at this headquarters, given the way in which it was presented in the lawsuit of Sindicato Chile Taxis “.
This is because “no specific dominance was imputed to any of the defendants nor collective dominance to all of them, an essential presupposition to know this type of illicit. In any case, the judgment indicates that the plaintiff did not provide any evidence on the elements that must concur to prove that there is a dominant position “.
The ruling also highlights that Minister Ricardo Paredes, while rejecting the allegation of a dominant position, warned that “abuse behaviors by different companies should not be ruled out a priori which, without being coordinated, could abuse through the same conduct. “.
