Indecopi has declared unfounded, in the first instance, the complaint that Claro and Movistar filed against Win for his commercial “Don’t mess with your…”. The operators pointed out that this advertising undermines their image, prestige and business reputation, in addition to other arguments that were exposed by their legal defense. However, the entity points out that no direct reference has been made to either of the two companies.
“After a comprehensive and superficial analysis of the questioned advertisements, this Collegiate does not notice any direct allusion to Telefónica’s offer, in fact, In the ads that make up Win’s campaign, no mention has been made of the company name of the accused or her distinctive signs in general”indicates the Indecopi ruling.
In October 2022, Win began with the dissemination of a commercial that did not leave whoever saw it indifferent, on the contrary, users felt identified with the situation that was represented, since many of us have suffered the troubles of not having a good Internet connection. In this way, Win presented its fiber optic internet service and the international awards won for obtaining the highest speed score, both by Netflix and Ookla Speedtest Awards.
The plaintiff companies argued that the message it conveyed Win on the other operators was negative and affects them directly. Besides, They specified that the language used would be vulgar and impertinent, by using the phrase “they already put the rat in us”For example, they would be seeking to affect the image of other companies in order to win more consumers.
When will the final resolution of Indecopi be known?
The lawyer Carlos Rodas, partner of Stucchi, Bezada, Rodas & Pelaez Abogados, explains that Indecopi considers that there is no direct reference such as through the characteristic colors of the companies, as well as some character linked to them; and neither with respect to the structure of the market, since there are 49 companies that offer Internet by fiber optics at a national level.
“Basically what indecopi considered as the first point is that there is no allusion to any other offer, because there is no reference through any other indirect element. For example, colors that identify the competition have not been used, such as red in one case and light blue in the other,” Rodas details.
What’s next in this case? The specialist specifies that the complainants have 15 business days to appeal the ruling, which expires in the first week of September. In this way, the complaint would go to Indecopi’s Specialized Chamber for the Defense of Competition, which must definitively resolve the case. In terms of deadlines, the final decision could be known in the first quarter of 2024.
If the ruling in this instance continues to be favorable for Win, Claro and Movistar, if they consider it pertinent, they could resort to judicial proceedings.
Source: Larepublica
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