martes, 25 de febrero de 2014

The Court overturned the case in which a judge Mendoza


(e) is a claim raised by a complaint of Supercanal SA, of the Vila-Manzano group, which had obtained a measure of judge Bento precautionary to designate an administrator co-administrators in Cablevision SA and its separation from multi-channel.

The Supreme Court today overturned a cause in which Mendoza, Walter Bento federal judge had ordered judicial intervention of TV operator Cablevision cable, in the context of a complaint for alleged "anti-competitive practices" derived from the merger with multichannel.

It's a claim raised justice Mendoza by a complaint of Supercanal SA, a company of the Vila-Manzano group, which had obtained a measure of judge Bento precautionary to designate an administrator co-administrators in Cablevision SA and its separation from multichannel.

In a very hard decision, the Court "with the signing of six judges, since Raúl Zaffaroni appeared not to be travel - argued that the Mendoza judge"has made a creation ex nihilo from the title to found its jurisdiction and break into others', i.e. a cause that started where there was no reason to intervene the justice.

According to the ruling, Bento ignored that "Judicial power, by their nature, cannot be never invasive power, dangerous power, affecting laws keep and the truth of the guarantees that give effect to and protect".

Court was called to intervene as a matter of "competition", because even though the alleged monopolistic practice was denounced in the region of Cuyo, where Cablevision does not operate, the judge ordered the intervention of the company of Grupo Clarin in Buenos Aires and, in fact, ordered a procedure carried out by the national gendarmerie, in 2011.

The Attorney general of the nation, Alejandra Gils Carbó it had ruled in favour of the intervention of the judge Bento, but the Court also refuted his arguments, quashed the cause and filed the record.

Justice of Mendoza, Supercanal claimed "the cessation of anti-competitive conduct (determination of prices, unilateral increase of the costs of competitors and management of the grid of channels)" and, in that context, requested "the division of Cablevision by the segregation of assets and liabilities and the corresponding to the missing signature multi-channel business, merged with that one and its subsequent transfer to third parties".

That fusion was supported administratively by former President Néstor Kirchner in 2007, shortly before delivering the presidential command to his wife, Cristina Fernández.


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