Competition and consumer protection
Merger control, restrictive practices, advertising and warranties before the Superintendence.
Law 1340 of 2009 concentrated antitrust enforcement in the Superintendence of Industry and Commerce (SIC, the competition and consumer protection authority). The SIC reviews mergers that exceed the revenue or asset thresholds, investigates restrictive agreements and abuses of dominance, and fines both the companies and the individuals involved. Separately, Law 1480 of 2011, the Consumer Statute, sets the rules on warranties, information, advertising and consumer contracts, which the SIC enforces with both administrative and adjudicative powers.
We advise on both fronts. We review in advance the transactions that must be notified or pre-cleared, audit sensitive commercial practices such as resale price maintenance, exclusivity and contacts with competitors, and support clients through investigations and dawn raids. On the consumer side, we review campaigns, terms and conditions, warranties and loyalty programs, and defend companies in consumer protection actions.
When a competitor's conduct causes harm, we assess unfair competition claims under Law 256 of 1996.
What we do
- Threshold analysis and notification or pre-clearance of mergers before the SIC.
- Competition audits of pricing, distribution and exclusivity policies and of trade association activity.
- Competition compliance programs and conduct guidelines for meetings with competitors.
- Defense in investigations into restrictive agreements, abuse of dominance and other anticompetitive conduct.
- Support during dawn raids and in the leniency program.
- Unfair competition claims and defense before the SIC and the courts.
- Review of advertising, promotions, labeling and terms and conditions of sale.
- Design of warranty, exchange, return and complaint-handling policies.
- Defense in consumer protection actions and in SIC administrative investigations.
- E-commerce rules: right of withdrawal, payment reversal and distance contracts.
Questions we answer
- We are about to buy a competitor. Do we have to inform the SIC before closing?
- Can I set the price at which my distributors resell my products?
- A competitor copies our packaging and confuses customers. What action do we have?
- What warranty must I give on an imported product, and who is liable: the importer or the manufacturer?
- A customer demands to withdraw from an online purchase after using the product. Do I have to accept?
- The SIC arrived at our offices for an inspection visit. What can it ask for and what must we hand over?
Let's talk
Tell us the decision you have to make. We reply the same business day.
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