The Dispute Settlement Court of the Supervisory Body for Private Investment in Telecommunications (Osiptel) confirmed the sanction imposed on the company America Movil SAC (Of course) for very serious violations 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 Court’s resolution, the fine of 1,400 UIT to Claro for very serious offenses is ratified.
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 regulatory entity, since July 2017 Claro made illegal use of the radio spectrum in the 2.6 GHz band without having the authorization to exploit said natural resource from the State, obtaining an illegal advantage that allowed it to compete unfairly in the mobile market.
Osiptel pointed out that 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 good faith. business that 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 fine of 1,400 UIT was imposed. It should be noted that the Court’s resolution exhausts the administrative
