The Dispute Settlement 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 (UIT), equivalent to S/ 6 million 440,000.
The Court declared the appeals unfounded and dismissed an application for annulment. All this was presented by the operating company against the provisions issued in the first instance by the Permanent Collegiate Body of the regulatory entity.
According to the Court’s resolution, the penalty fee of 1,400 UIT to Claro for the commission of infractions to literal b) of article 14.2., and to article 6 of the Law of 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 the Osiptelafter Telefónica del Perú SAA denounced Claro’s unfair conduct.
According to the evidence collected by the entity, since July 2017 Of course made illicit use of the radioelectric spectrum in the 2.6 GHz band, without having the enabling title to exploit said natural resource of the State, with which it obtained an illicit 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, which allowed it 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 penalty fee of 1,400 ITU. It should be noted that the Court’s resolution exhausts the administrative