The Superintendence of Industry and Commerce, the sole authority for competition protection in Colombia, issued a Guide to Provide Orientation in the Implementation of Competition Compliance Programs. Although the Guide has a doctrinal scope and does not impose obligations, its publication allows the market to understand the vision that the SIC has on the relevance of these types of programs, the benefits of implementing them, and the key elements that they should contain and develop. In this way, the SIC highlights the value of these programs as a mechanism for the prevention and early detection of anticompetitive conduct.
On February 23 2022, the Colombian National Government issued Decree 253 (the “Decree”), modifying the regulation concerning antitrust leniency programs, known in Colombia as the Collaboration Benefit Program (“CBP”), applicable in administrative investigations conducted by the Superintendence of Industry and Commerce in regards to anticompetitive practices.
This modification is intended to strengthen the CBP as a mechanism for the Superintendence to detect and sanction any conduct that might affect competition, while discouraging the creation of and participation in cartels.
On 18 January 2022, the Colombian Government enacted Law 2195 of 2022, which adopts measures for transparency and corruption prevention. These measures entail significant changes in relation to competition protection such as modifications to the fines applicable to individuals and companies and to the leniency program.