Colombia
Established RegimeLaw 1340 of 2009 (amending Law 155 of 1959 and Decree 2153 of 1992)
Authority: SIC (Superintendencia de Industria y Comercio) | Enforcement: Active
Overview
Colombia's competition regime is principally governed by Law 1340 of 2009, which modernised the earlier framework established by Law 155 of 1959 and Decree 2153 of 1992. The SIC (Superintendency of Industry and Commerce) is the primary competition authority, exercising both investigatory and adjudicatory functions. The SIC also has concurrent jurisdiction over consumer protection, data protection, and intellectual property matters. The law prohibits anti-competitive agreements (both horizontal and vertical), abuse of dominant position, and anti-competitive mergers. Colombia has a mandatory pre-merger notification regime with asset and revenue-based thresholds. The SIC has been increasingly active in cartel enforcement, supported by a leniency programme introduced in 2009. Criminal sanctions for bid-rigging (collusion in public procurement) were introduced under Law 1474 of 2011.
14-Topic Competition Coverage
Competition Authority
Fully AddressedThe SIC is the primary competition authority with investigation, adjudication, and sanctioning powers. The Superintendence of Finance and the Aeronautics Authority have limited sector-specific jurisdiction.
Anti-Competitive Agreements (Horizontal)
Fully AddressedHorizontal agreements including price-fixing, market allocation, and bid-rigging are prohibited. Bid-rigging in public procurement also carries criminal penalties under Law 1474 of 2011.
Anti-Competitive Agreements (Vertical)
Fully AddressedVertical agreements that restrict competition are prohibited, including resale price maintenance, exclusive dealing, and tying. Assessed under a rule-of-reason approach requiring demonstration of anti-competitive effects.
Abuse of Dominance
Fully AddressedAbuse of dominant position is prohibited under Decree 2153 of 1992. Prohibited conduct includes predatory pricing, discrimination, tying, and refusal to deal. Market dominance is assessed on market share and other factors.
Merger Control
Fully AddressedMandatory pre-merger notification for transactions exceeding combined asset or revenue thresholds (approximately COP 272 billion in assets or COP 183 billion in revenue as of 2024). The SIC reviews within statutory timeframes.
Leniency Programme
Fully AddressedLeniency programme (Decree 1523 of 2015) grants total or partial exemption from fines for cartel participants who provide evidence. The first applicant may receive full immunity.
Settlement & Commitment
Partially AddressedThe SIC may accept commitments (garantias) from investigated parties to address competition concerns. Used primarily in abuse of dominance and merger cases. No formal settlement for cartels.
Penalties & Sanctions
Fully AddressedFines up to 100,000 statutory minimum monthly wages for undertakings (approximately COP 130 billion). Individual fines up to 2,000 minimum wages. Criminal sanctions for bid-rigging (6-12 years imprisonment).
Digital Markets Regulation
Not AddressedNo dedicated digital markets legislation. The SIC has applied general competition rules and conducted sector studies relating to digital platforms and e-commerce.
Sector Regulators
Fully AddressedSFC (financial supervision), CRC (telecommunications), CREG (energy), and the Aeronautics Authority have sector-specific competition functions, though SIC retains primary jurisdiction.
Dawn Raids & Investigations
Fully AddressedThe SIC has powers to conduct inspections (visitas administrativas), seize documents, and compel testimony. Investigations may be initiated ex officio or upon complaint.
Private Enforcement
Partially AddressedPrivate damages actions may be brought before ordinary courts following a SIC finding. Stand-alone private competition actions are permissible in principle but remain uncommon.
International Cooperation
Fully AddressedCooperation agreements with US, EU, and Pacific Alliance partners (Chile, Mexico, Peru). Active member of ICN and participates in OECD competition reviews. Andean Community (CAN) rules also apply.
Recent Enforcement Trends
Fully AddressedActive cartel enforcement in sugar, rice, and nappies sectors. Increased merger scrutiny in financial services and healthcare. Growing focus on digital markets and public procurement collusion.
Coverage Summary
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