Indecopi finds that Win's advertising does not constitute an act of unfair competition against Claro and Telefónica
Bnamericas Published: Thursday, August 08, 2024
This is an automated translation of the original release published in Spanish.
By Indecopi
August 7, 2024 - 1:36 pm
The advertising referred to in the complaint was accompanied by the image of a giant rat that represented the dissatisfaction that consumers would have with the fixed internet service of other operators.
The complainant companies argued that Win's advertising had engaged in acts of denigration, improper comparison and deception, additionally contravening the principles of legality and social adequacy, which would be infractions classified in the Law for the Repression of Unfair Competition (Legislative Decree No. 1044) that allegedly affected the image, prestige and business reputation of the complainants and misled consumers regarding the characteristics of the fixed fiber optic internet service offered by Win.
In this regard, after a comprehensive analysis of Win's advertising campaign and taking into account the arguments of the complaining companies, the court concluded that there was no direct and/or indirect allusion to the offer from Telefónica or Claro, an essential requirement for the configuration of acts of denigration and improper comparison. In addition, it was determined that the ads that made up Win's campaign did not convey misleading messages to consumers. Finally, the questioned campaign did not contravene the principles of legality or social appropriateness that govern advertising activity.
It should be noted that the Specialized Chamber for the Defense of Competition, through Resolution No. 0106-2024/SDC-INDECOPI, confirmed the decision that had been taken in the first instance.
The information contained in this communication refers to a decision made by the Specialized Chamber for the Defense of Competition of Indecopi, a body that belongs to the resolution area of the institution and is made up of independent professionals who resolve cases according to their specialized knowledge and in accordance with to the current legal framework.
The resolution is public and can be reviewed at the following link: https://servicio.indecopi.gob.pe/buscadorResoluciones/getDoc?docID=workspace://SpacesStore/512b8aaf-275f-4b09-b8c5-7ccc58be79ce .
Lima, August 7, 2024
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