Chile′s Constitutional Court has thrown out a request by Chilean airline PAL to block the merger between Chilean flag carrier LAN and Brazilian airline TAM.

The decision, which was made public on Thursday, saw the Chilean court rule four to one to consider the case non-admisible.

PAL filed its complaint on the 3 August amidst allegations that the basis of its opposition to the merger was ′weak′ and ′groundless.′

Expected to deliver its decision on 24 August, the Constitutional Court twice pushed back the date it would rule on the complaint.

Lawyers say that had it upheld Pal′s complaint, it could have led to delays of between two to three months.

The merger, which would create Latin America′s largest airline, is still awaiting a key decision by Chile′s antitrust court, TDLC, after a Chilean consumer rights group lodged a third party complaint claiming the merger would have a negative impact on routes across Latin America.

None of the law firms contacted would comment on the ruling.

Counsel to TAM

General counsel - Luiz Claudio Aguiar


Clifford Chance LLP

Partners Anthony Oldfield and Sarah Jones and associates Anand Saha and Kristyn Walker


Machado, Meyer, Sendacz e Opice Advogados

Partners Antonio Corrêa Meyer, Carlos José Rolim de Mello, Raquel Novais and Fernando Tonnani and associates Fabio Falkenburger and Paula Magalhães

Barbosa Müssnich & Aragão

Partner Barbara Rosenberg and associates José Inácio de Almeida Prado Filho and Rafael Smizd


Cariola, Diez, Pérez-Cotapos & Cía Ltda

Partners Francisco Illanes and Peter Deutsch

Counsel to TAM′s shareholders

Turci Advogados

Partners Flávia Turci and associates Carlos Fujita and Ana Matsuda

Counsel to LAN

General counsel - Cristián Toro


Sullivan & Cromwell LLP

Partners Sergio Galvis, Duncan McCurrach and Juan Rodriguez and associates Carlos Pelaez, Felipe Capella, Rachael Dugan


Pinheiro Neto Advogados

Partner Alexandre Bertoldi and associates Vânia Marques Ribeiro Moyano and Roberta Stettinger Bilotti Demange


Claro y Cía

Partners José Maria Eyzaguirre and Felipe Larraín

Counsel to LAN in Constitutional Court filing

Claro y Cía

Partners Felipe Larraín and Juan Cristóbal Gumucio

Counsel to Pal

Independent practitioner - Mario Fernández

(Latin Lawyer 05.09.2011)

(Notícia na Íntegra)