OSIPTEL confirms sanction for Claro over unfair competition

By Osiptel

This is a machine translation of the original press release issued in Spanish

The Dispute Resolution Court of the Supervisory Body for Private Investment in Telecommunications (OSIPTEL) confirmed the sanction imposed on the company América Móvil SAC (Claro) for very serious infractions of the Law for the Repression of Unfair Competition, with a fine amounting to 1,400 Tax Units (UIT), equivalent to S/ 6,440,000.

Through resolution 00013-2022-TSC/OSIPTEL, the Dispute Settlement Court declared the appeals unfounded and dismissed an application for annulment filed by the operating company against the provisions issued in the first instance by the Permanent Collegiate Body of the regulatory entity.

According to the resolution of the Court, the fine of 1400 UIT to Claro is ratified, for the commission of the infractions to literal b) of article 14.2. and article 6 of the Law for the Repression of Unfair Competition, approved by Legislative Decree No. 1044, classified as very serious.

As recalled, on January 3, 2019, an administrative sanctioning procedure was initiated as a result of the preliminary investigations carried out by the Technical Secretariat of the Collegiate Bodies of OSIPTEL, after Telefónica del Perú SAA denounced Claro's unfair conduct.

According to the evidence collected during the procedure by the Collegiate Body of OSIPTEL, since July 2017 Claro has made illegal use of the radio spectrum in the 2.6GHz band without having the authorization to exploit said natural resource of the State, obtaining an advantage that allowed it to compete unfairly in the mobile market.

This company also violated article 6 of the Law for the Repression of Unfair Competition by illegally concentrating the spectrum in the 2.6 GHz band and signing contracts for the commercialization of traffic and services, through a strategy contrary to business good faith that allowed to have a competitive advantage that does not respond to its own efficiency but to unfair mechanisms.

For both infractions classified as very serious, a fine of 1,400 UIT was imposed. It should be noted that the Court's resolution exhausts the administrative

About the Court

The Dispute Resolution Court is the collegiate body of OSIPTEL competent to resolve, in the second and last administrative instance, the appeals filed against the resolutions issued by the Collegiate Bodies in the first instance that sanction anti-competitive and unfair conduct with effects on the markets. of public telecommunications services.

Lima, September 29, 2022

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