Due process and The Reform of Colombia’s Competition Law Regime (II)

By Andrés Palacios Lleras

In a previous column published here at CPI, I discussed a press release issued by Colombia’s Constitutional Court regarding the constitutionality of a series of provisions regarding surprise visits and evidence collection. During the press release, which took place on April 10, 2019, the President of the Court stated that the administrative institutions in charge of conducting such visits and collecting evidence had to follow strictly the procedures established in the codes of civil and administrative procedure. This announcement was well received by the local competition law community, in spite of the fact that the provisions that were challenged were not explicitly about competition law. This author expected that the Court ́s decision would narrow considerably the scope of the challenged provisions and thus how the competition law enforcer, the Superintendencia de Industria y Comercio (hereinafter SIC) carries out its functions; however, as is often the case when gossiping about judicial decisions, we were wrong.

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