Uruguay’s executive branch rejected Movistar’s appeal of a decision by the Communication Services Regulatory Unit (Ursec). The regulatory unit had declined to pursue accusations by Movistar that Antel was abusing its dominant market position.
The decision by the executive branch stated that Ursec “resolved that there was no standing for the claim by Telefónica Móviles del Uruguay S.A.” (Movistar) first submitted on May 8, 2009 against “the policy developed by Ancel known as ‘our way of talking, now free’ that allowed free calls to land lines, because it did not meet the elements required to constitute an anticompetitive practice”.
Movistar appealed Urusec’s finding, claiming that Antel had “abused its dominant (market) position”, a practice prohibited by the Promotion and Defense of Competition law.
Ursec had found that Antel had not abused its dominant position, nor had its subsidiary because their competitors could have replicated the offer.
In their resolution, the executive branch announced that “it can be concluded that the elements necessary to constitute anticompetitive conduct of an exclusionary character that affected the level of competition in the mobile phone service market were not present”.
At the same time that Ursec had originally ruled Antel had not abused its dominant market position, Ursec sanctioned Movistar for misleading advertising during its Paketón 280 promotion.
This Uruguayan Business Reports news article is a translation of a news article that appeared in the Uruguayan newspaper El País. The original article is available in Spanish here. Uruguay Business Reports translation by Donovan Carberry.