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.
On 6 January 2022, the Congress of the Republic enacted Law 2191, which aims to create, regulate and promote the labor disconnection of workers in order to guarantee the effective enjoyment of free time and rest times, licenses, leaves and/or vacations to reconcile personal, family and work life.
The Superintendence of Industry and Commerce (SIC) established the thresholds that will be taken into account to determine whether there is an obligation to undertake a merger control procedure during the year 20221. For this purpose, through Resolution No. 83304 of 22 December 2021, the SIC determined that those economic integrations whose participants, individually or jointly, have total assets or operating income equal to or greater than COP 57,322,387,083.44 (USD 14,398,413.292) must be subject of merger control.
The Colombian competition authority, Superintendence of Industry and Commerce, initiated an investigation against División Mayor del Fútbol Profesional Colombiano, the entity in charge of organizing and operating the Colombian professional soccer league, sixteen (16) professional soccer teams, and twenty individuals associated with them, after allegedly participating in a no-poach agreement.
On 12 November 2021, an administrative judge confirmed a sanction of the Superintendence of Industry and Commerce (SIC) on an employee involved in a company dawn raid — Hernando Rodríguez (general manager of Roa Florhuila).