By Miriam Posada
Monday February 10, 2014
Mexico City- Conocel, the company belonging to America Movíl rejected a fine of $138.5 million that was imposed by Ecuador’s Superintendence of Control of Market Power, considering that Carlos Slim’s company exerted “abuse of market power” during 2012, and announced in its defense will exercise the legal steps provided by law.
In a release, Conocel noted that the penalty is unjustified and responded by saying “a complaint of state-owned CNT that refers to 5 zones (of thousands that are leased by Conocel) and in the ones CNT alleges they wouldn’t have been able to expand their network into. In the same areas in which those 5 zones are, there are options and alternate zones, equally suitable, in which the required infrastructure could be installed. There has not been, however, entry barrier nor restriction of competition for any operator.
The company that operates in Ecuador as a subsidiary of Claro considered “the scale of the penalty is disproportionate, distorts the constitutional principle of proportionality, and affects legal security in which that support investment processes.”
“Conocel will exert the remedies provided by law, in order to achieve a resolution in accordance with law, that guarantees due process within a framework of legal certainty.”
