Last night's defense of the SCA (today Essity) gave the Supreme Court a report attempting to reverse the 18-million-dollar payment and to reverse the CMPC-forestry and paper-free decision of the Matte Group – both, to allocate market share quotas and until 2000, at least until 2011, gathered to determine the sales prices of their tissue products.
This is a document written by the former chairman of the Free Competition Defense (TDLC), Tomás Menchaca, at the request of the SCA, where the SCA claims to have forced the SCA to commit itself, so it must be deprived of its rights. all benefits
C The facts stated in the judgment and that the CMPC threatens to remove the SCA from the market have allowed us to confirm that the alleged compulsion meets all the requirements to accuse the CMPC of losing benefit. "The document at the Supreme Court in the public file of the case.
The lawyer's report is coming to break the case. Not only because the document's arguments in this case were submitted only a few hours after the third court of the highest court, but also because the lawyers were disqualified in the case in TCDLC. Reason? In the past, the lawyer served one of the companies in the tissue paper industry, a company affiliated with the family of the FPC document – the Izquierdo family – and on the other hand, a lawyer – professional.Her brother Fernando Menchaca, former general manager of PISA, is also mentioned in the judicial decision of the TDLC.
And To be able to deprive the benefit of the compensated statement should be serious and convincing, and therefore should not do anything other than that which has enough market power to do so because it has the ability to carry out the threat. “ In this regard, the report indicated that the CMPC's threat to participate in the threat of being placed on the market against the SCA would & be clearly in line with the standard of coercion required to deprive our legal system of compensation. Rapor
However, it is not the first time Menchaca has filed the case. In January, after the failure of the TDLC, the academic UC, PULSO,, (TDLC), told him that there was a necessity to put pressure on the existence of severe physical or psychological violence. This nature, in my opinion, would not be an agreement or even a dispute. "
Cristián Reyes, the foreign attorney for Conadecus and partner of the Bravo studio, Menchaca's report is "incomprehensible". "The TDLC has unanimously adopted the agreement that FNK has brought against the CMPC and SCA, and has signed and signed agreements to allocate market share quotas since 2000 and fix the sale prices of paper products, unanimously agreed." .
In addition, he said, ”If a minister of the Court predicts pressure on any of these companies, he or she should have, on the contrary, or at least been registered in a vote to prevent it. Ayrıca
The defense of Chile is led by José Joaquín Ugarte, a lawyer who is a partner of Ugarte Ried & Correa.