The Supervisory Agency for Private Investment in Telecommunications (OSIPTEL) reported that administrative sanctioning procedures were initiated against the operating companies Claro, Entel and Bitel, for the alleged commission of acts of unfair competitionin the modality of infringement of the general clause established in article 6 of the Law for the Repression of Unfair Competition (LRCD).
The company telephone filed a complaint against its three main competitors indicating that there was unfair competition in the sale and contracting of the public mobile service, and considers that they engaged in conduct contrary to the requirements of good business faith.
Regarding the alleged violations, the Associate Technical Secretary of the Collegiate Bodies of OSIPTEL detected that the denounced companies had violated the general clause of the LRCD for developing commercial strategies contrary to business good faith, that would have the purpose of distorting the conditions of competition in the mobile public services market, in order to obtain an illicit benefit.
One of the strategies would be the development, implementation and use of mobile sales applications to obtain an illicit benefit, as they are intended to promote itinerant sales of their services or on public roads, which are prohibited by regulations. current.
The entity specified that there are indications that in these contracts due to mobile sales applications, sufficient security mechanisms would be omittedenabling its distributors and vendors to be fully empowered and encouraged to use them in the sales and contracting of the mobile service on public roads.
Another of the strategies would consist in the fact that Claro, Entel and Bitel would have developed a system of economic incentives, benefits or promotions to their distributors and sellers, for a number of sales of mobile lines that are carried out, mainly, through the roaming channel or public thoroughfare. .
The resolutions that initiated the sanctioning procedures grant the 3 companies, a period of 15 working days to present their disclaimers.
Applications can only be used by duly registered personnel
The Permanent Collegiate Body of OSIPTEL has ordered precautionary measures that equally order companies Claro, Entel and Bitelthat the mobile applications for the sale-hiring of your mobile public service can only continue to be used for those that are carried out through the home delivery or delivery marketing channel in which the personnel of the same company duly registered for said channel.
In addition, are ordered to remove from app stores or distribution or download platforms for mobile operating systems (such as the Play Store or App Store), any application or mobile computer program with which sales or contracting of the public mobile service can be made.
The precautionary measure grants a period of 5 business days to the denounced companies to comply with the order, from the notification of the resolution and, after that period, they have 3 business days to prove the actions adopted in compliance with the provisions of the OSIPTEL Permanent Collegiate Body.
Source: Larepublica
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