Peru’s INDECOPI rules in favor of WIN in Telefónica, América Móvil case

The case, which dates from 2022, alleged that an advertising campaign broadcast in October of that year by WIN denigrated the company’s competitors in the fiber optic market, Spain’s Telefónica and América Móvil (Claro), the company owned by Mexican billionaire Carlos Slim.

Said advertising campaign by WIN was aimed at promoting the company’s fixed fiber optic (FTTH) Internet services.

INDECOPI has ruled that the campaign did not denigrate said competitors.

WIN was successfully represented in the case by Peruvian law firm Stucchi Law, with a team led by partners Carlos Rodas and Alexander Flores.

"Our team demonstrated throughout the procedure that WIN's advertising campaign did not incur in unfair competition and that we did not denigrate any competitor in the FTTH fixed internet market," Rodas said regarding the ruling.

According to INDECOPI’s ruling, the fixed Internet service is developed within a competitive market and the procedure proved that WIN at no time made any reference to the complainant companies or others to promote its own service, and therefore did not incur any act of denigration against said companies.