Chile′s Constitutional Court has delayed its decision on Chilean airline Pal′s complaint against the merger of the LAN and TAM airlines until the 31 August.

The announcement yesterday, rather than the court ruling as expected on whether it would uphold Pal′s complaint that certain mitigation measures agreed between the airlines and Chile′s national economic prosecutor′s office, the FNE, were unconstitutional.

Lawyers in Chile have criticised Pal′s complaint as ′weak′ and ′groundless′, saying it is aimed at delaying the merger between the country′s national flag carrier LAN and Brazil′s TAM rather than raising legitimate concerns.

If the Constitutional Court upholds Pal′s complaint, it could lead to delays of between two to three months.

The merger, which would create Latin America′s largest airline, is also 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. A decision from the court is expected later this month.

In Brazil, the merger moved a step closer earlier this month after the secretary for economic monitoring (SEAE) of the country′s Ministry of Finance gave its "unrestricted" approval of the merger.

That decision came some four months after ANAC, Brazil′s aviation authority, gave the merger a green light, although approval from the country′s antitrust tribunal, CADE, remains pending.

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

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 José Maria Eyzaguirre, Cristóbal Eyzaguirre and Felipe Larraín

Counsel to Pal

Independent practitioner - Mario Fernández

(Latin Lawyer 25.08.2011)

(Notícia na Íntegra)