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/ Alessandri defends Megavisión before the Free Competition Court

15 September, 2020

September 15, 2020.

The Supreme Court rejected the claims filed by Anatel, Megavisión and Archi against the Tribunal for the Defense of Free Competition (TLDC). However, opinions were divided: judges stated that the setting of rates in relation to the income of the companies is abusive.

Alessandri advised Red Televisiva Megavisión S.A., one of the most important television networks in Chile, in the request before the Chilean Court for the Defense of Free Competition, for a normative recommendation on the fees paid to collective management entities, for the use of works protected by copyright on television and radio.

The Court was asked to review the natural monopoly of collective management entities, and making use of its legal powers, they suggested the development of policies aimed at generating and promoting competition between these institutions over the determination of their fees related to the uses of copyright.

The Supreme Court ruled on the petition presented, rejecting the normative recommendation. However, in the dissenting votes of judges Muñoz and Vivanco, they made it clear that the setting of rates in relation to the income of the companies is abusive.

The Litigation and Arbitration department supervised the planning of the strategy for the extrajudicial negotiations prior to the trial and designed and executed the strategy for the civil arbitration processes that were to be initiated in Chile, to recover the damages.

 

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