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Getting the deal through - Cartel regulation 2013

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Written by: Jorge A. de los Ríos Quiñones

The relevant legislation is set forth primarily in Law 155 of 1959, Decree 2153 of 1992, Law 1340 of 2009 and Decree 2896 of 2010. These rules apply in conjunction with Decrees 4886 of 2011. Colombian legislation makes no reference to ‘cartels’ but to ‘antitrust agreements’. When this type of conduct is investigated, it mustbe determined whether the agreement restricts or has the aim of restricting competition.

The agency in charge of investigating cases related to cartels is the Superintendency of Industry and Commerce (the SIC), through the Office for the Protection of Competition (the OPC). The SIC is the sole authority in Colombia in charge of enforcing competition rules and is a public entity belonging to the government who has administrative and financial autonomy…

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