The Superintendency of Industry and Commerce (“SIC”) serves as Colombia’s National Competition Authority, responsible for overseeing compliance with free-market competition regulations. As such, the SIC is empowered to impose sanctions on market participants that violate rules designed to safeguard fair competition.
In exercising its inspection, surveillance, and enforcement authority, the SIC must ensure due process. Accordingly, both Law 1340 of 2009 and Law 1437 of 2011 (the “CPACA” by its Spanish acronym) establish the administrative procedure that must be followed before imposing sanctions or issuing cease-and-desist orders against an alleged infringer whose conduct may harm actual or potential competitors.
Pursuant to these procedural rules, the SIC is required to publish on its official website the administrative act that formally initiates an investigation . This publication marks the moment when the SIC formally charges a market participant with one or more alleged violations of competition laws. This administrative act is known as the “opening of the investigation.”
Law 1340 of 2009 grants certain rights to “competitors, consumers, or any person who demonstrates a direct and individual interest”1, including consumer associations and individual citizens with a legitimate interest, allowing them to participate as third-party intervenors in proceedings related to alleged infringements of competition regulations. As interested third parties, they may submit evidence and actively engage in the proceedings, either to support the imposition of sanctions on the alleged infringer or to argue in favor of their exoneration.
It is important to highlight two key requirements for recognition as an interested third party: (i) the request for recognition must be submitted within fifteen (15) business days following the publication of the investigation’s opening; and (ii) the applicant must demonstrate that they are a consumer or competitor of the alleged infringer and that they have a direct interest in, and could be affected by , the outcome of the SIC’s decision within the framework of the administrative proceedings.
While the standard for admission as an interested third party may seem stringent, it remains an important avenue for participation. Therefore, monitoring SIC investigation openings may be of strategic interest.
[1] Law 1340 of 2009, article 14.
[2] Law 1340 of 2009, article 19.
