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 27 September 2022, the Ibero-American Network for the Protection of Personal Data published the Guide for the Implementation of Standard Contractual Clauses for the International Transfer of Personal Data, which sets out certain aspects to be considered when making international transfers of personal data through the use of standard contractual clauses. The Guide includes non-binding guidance for those who make ITPD from member countries of the RIPD to non-adequate jurisdictions.
On 7 August 2022, Gustavo Petro Urrego became the new President of the Republic of Colombia for the period 2022-2026, along with the Vice-President, Francia Márquez. Both are members of the political party Pacto Histórico, which is known for promoting center-left social, political and economic initiatives. The governance plan of the President evidences that employment, compensation and social security matters will be part of the focal points of his office.
In one of its latest decisions, the Superintendence of Industry and Commerce recognized that the implementation of compliance programs in competition matters might be considered a mitigation factor in the graduation of an eventual sanction. Recently, the SIC has pronounced the importance of these programs, imposing them as behavioral remedies in merger control procedures, as well as in decisions regarding anti-competitive practices. Specifically, in Resolution 22645 of 2022, the SIC imposed remedies to the transaction between two companies, imposing as a behavioral obligation within the companies the implementation of an Antitrust compliance program.
Continuing in “Breaking down prejudices” series, is a discussion with Juan David Castaño, a practicing attorney and associate in Baker McKenzie’s Bogotá office. As a passionate about diversity, equity and inclusion issues and a member of the LGBTI+ community, he talked to us about his experience, the approach that employers are giving to their companies on diversity and inclusion issues, and the harassment that members of this community often suffer.
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 24 January 2022, the Colombian President issued Decree 092 of 2022, modifying the structure of the Superintendence of Industry and Commerce and assigned new functions to the different offices of this entity. Within the modifications, particularly noteworthy is the creation of the Compliance Department, which is part of the Deputy of Competition Protection, and the Habeas Data Department, which is part of the Deputy of Personal Data Protection.
The Climate Action Law sets out a catalogue of governmental actions that involve all actors of the Colombian economy. It outlines the agenda for compliance with international commitments acquired by the Paris Agreement to achieve carbon neutrality by 2050. In this alert, Baker McKenzie associates identify the opportunities and obligations to be followed.
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.
The Ministry of Health and Social Protection issued Resolution 392 of 2021, by which it modified Article 2 and sections 4.1 and 5 of the technical annex of Resolution 666 of 2020, recently modified by Resolution 223 of 2021 regarding biosafety protocols.