Last Monday, Indecopi reported that it imposed a fine of 1,000 UIT, equivalent to S / 4,400,000 to the Sociedad Eléctrica del Sur Oeste SA (Seal), finding it responsible for abuse of dominance position.
According to the Commission for the Defense of Free Competition (CLC) of the entity, the electricity company applies a discriminatory treatment to its customers who are within the group of “free users” of the Arequipa region.
Through a statement, the company ruled on Resolution 052-2021 / CLC – Indecopi with which the fine is imposed. Seal considers that he has not engaged in any unlawful conduct and that it is in disagreement with the technical and legal aspects referred to in the resolution of the sanction.
Therefore, they will challenge the fine within the legal term, so that a higher instance can see the case. “The decision contained in the resolution will be contested within the period established by law, for the higher instance to resolve according to its powers and correct the deficiencies of the first instance ruling, all in use of our right to due process ”, they state in the document.
Case
According to Indecopi, there are three types of electricity users in the market: regulated users, free users, and users who have a demand between 200 kW and 2500 kW, who can decide to remain as regulated users or migrate to free status (generally they are small businesses and industries).
In this case, the company unjustifiably applied unequal conditions for equivalent benefits, that is, discriminatory treatment in the electricity supply market, and affected users of the “free” segment.
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