The Competition Superintendence (CS) in El Salvador confirmed fines totaling US$29,343.60 against four telecommunications companies - CTE - PERSONAL, TELEFONICA, TELEMOVIL, and DIGICEL - for failing to provide requested information during two investigations into alleged anticompetitive practices. The fines were US$11,286.00, US$10,157.40, US$4,138.20, and US$3,762.00 respectively. The CS defended the resolution as being founded technically, legally and economically. The telecommunications companies now have eight days to pay the fines before the CS takes further action.
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Cs Confirms Fines Amounting Us$29,343.60
1. Press release C.02-09
El Salvador, January 20th, 2009
CS confirms fines amounting US$29,343.60
to telephone companies
The Board of Directors (BD) of the Competition Superintendence (CS) confirmed the
sanctions imposed to CTE - PERSONAL, TELEFONICA, TELEMOVIL, and DIGICEL, due to
failure to supply the requested information by the CS, after said economic agents requested
the CS to revoke the fines. The aforementioned fines total US$29,343.60.
The BD of the CS confirmed the fines imposed to the economic agents CTE -
“The resolution has PERSONAL, TELEFONICA, TELEMOVIL, and DIGICEL, who must pay,
been founded respectively, US$11,286.00, US$10,157.40, US$4,138.20, and US$3,762.00
technically, legally, and due to failure to supply the requested collaboration in two investigations opened
economically and has
by the CS for the alleged existence of anticompetitive practices in the
been issued dully
telecommunications sector.
reasoned pursuant to
the Constitution of the The final decision was declared firm since today, January 20th, 2009, date when
Republic and the legal the economic agents were notified of the decision that resolved the revocation
framework in force. The
recourse filed by them.
CS is prepared to
defend its actions
Once the resolutions are notified, CTE - PERSONAL, TELEFONICA,
before the courts, if
TELEMOVIL, and DIGICEL have eight calendar days to pay the imposed fines.
necessary,” said the
official spokeswoman of
the CS. “The resolution has been founded technically, legally, and economically and has
been issued dully reasoned pursuant to the Constitution of the Republic and the
legal framework in force. The CS is prepared to defend its actions before the
courts, if necessary,” said the official spokeswoman of the CS.
Background: Proceedings initiated due to failure to supply information
September 17th/18th, 2008 The CS requested information for the first time.
October 2nd/3rd, 2008 The telephone companies partially filed the information.
December 1st, 2008 The CS requested information for the second time.
th th
December 11 /12 . 2008 The telephone companies incompletely filed the information.
th
December 16 , 2008 The administrative sanctioning procedure was initiated due to failure to
supply collaboration.
From December 18th until
The telephone companies filed the information.
January 2nd, 2009
The BD issued the final resolution imposing fines due to failure to
January 15th, 2009
supply information.
January 16th, 2009 The final resolution was notified.
January 19th, 2009 The BD of the CCs confirmed the final resolution.
January 20th, 2009 The CS notified the confirmation of the final resolution and the time
Edificio Madreselva, Primer Nivel, Calzada El Almendro y 1ª Avenida El Espino, Urbanización Madreselva.
Antiguo Cuscatlán, El Salvador.
Conmutador (503) 2523-6600, Fax (503) 2523-6625 Comunicaciones (503) 2523-6616
2. period to pay the fines begins.
Background on the case initiated due to AMERICATEL´s complaint
March 24th, 2008 AMERICATEL filed with the CS a complaint against CTE
Procedure and PERSONAL.
SC-006-PA- July 10th, 2008 The CS initiated the administrative sanctioning procedure
R/2008 against CTE and PERSONAL.
Background on the case initiated due to GCA´s and SALNET´s complaint
December 12th, 2007 GCA and SALNET filed with the CS a complaint against
Procedure TELEMOVIL, TELEFONICA, DIGICEL, and PERSONAL.
SC-022-PA-
R/2007 July 11th, 2008 The CS initiated the administrative sanctioning procedure
against PERSONAL, TELEFONICA, TELEMOVIL, and
DIGICEL.
Edificio Madreselva, Primer Nivel, Calzada El Almendro y 1ª Avenida El Espino, Urbanización Madreselva.
Antiguo Cuscatlán, El Salvador.
Conmutador (503) 2523-6600, Fax (503) 2523-6625 Comunicaciones (503) 2523-6616