Superintendency of Industry and Commerce ( SIC ) COMCEL sanctions - TopicsExpress

Superintendency of Industry and Commerce ( SIC ) COMCEL sanctions ( Clear ) for abuse of dominant position and other unlawful behavior of free competition The SIC determined that Comcel SA abused its dominant position and other unlawful conduct of competition related to violation of number portability regime and imposed two fines on CLEAR . Sanctions in this research Comcel SA by the Superintendency of Industry and Commerce amounting in total to $ 87,750,022,500 SMLMV equivalent to 148 855 . • The protection of competition is to consumer welfare , economic efficiency and free market participation of companies, all in order that citizens receive better and better supply of goods and services at lower prices . Bogotá , DC , September 4, 2013 . The Superintendent of Industry and Commerce, in exercise of its powers of inspection, supervision and control for the protection of competition for consumer welfare , economic efficiency and free market participation of companies , by Resolution No. 53403 of September 3, 2013 sanctioned the company COMMUNICATION CELLULAR SA ( Comcel SA ) for the commission of conduct constituting abuse of dominant position and other violations of competition. The sanctions against Comcel SA by the Superintendency of Industry and Commerce amounting in total to SEVEN HUNDRED EIGHTY -SEVEN THOUSAND FIVE HUNDRED TWENTY-TWO THOUSAND FIFTY MILLION PESOS ( $ 87,750,022,500 ) equivalent to ONE HUNDRED FORTY -EIGHT THOUSAND FIVE HUNDRED FIFTY AND MONTHLY MINIMUM WAGE LEGAL FORCE ( SMLMV 148 855 ) , offenses punishable by 2 . So, in the above Resolution No. 53,403 of September 3, 2013 , the Superintendent of Industry and Trade decided, among other things , the following: 1. DECLARE Comcel SA infringed Article 1 of Law 155 of 1959 , performing practices to limit free competition , and paragraph 6 of Article 50 of Decree 2153 of 1992 , by abusing its dominant position by third parties obstruct access to channels marketing , based on behaviors related to the blockade of the bands of mobile equipment . Consequently , for this offense , to a fine IMPOSED Comcel SA FIFTY- THREE THOUSAND NINE HUNDRED SEVENTY FIVE MILLION SEVEN HUNDRED THOUSAND DOLLARS CURRENCY ( $ 53,909,775,000 ), equivalent to NINETY -ONE THOUSAND FOUR HUNDRED FIFTY MONTHLY MINIMUM WAGE LEGAL FORCE ( 91.450 SMMLV ) . Two . DECLARE Comcel SA infringed Article 1 of Law 155 of 1959 , performing practices to limit open competition , based on the bulge -related behaviors of Mobile Number Portability numbers . Consequently , for this offense , to a fine IMPOSED COMMUNICATION CELLULAR SA , identified with the NIT 800153993 THIRTY EIGHT HUNDRED FORTY -THREE THOUSAND TWO HUNDRED FORTY SEVEN MILLION FIVE HUNDRED THOUSAND PESOS CURRENCY ( $ 33,840,247,500 ), equivalent to FIFTY -SEVEN FIVE THOUSAND FOUR EXISTING MONTHLY MINIMUM WAGE ( 57,405 SMMLV ) . Three . SEND a copy of this resolution to the Delegation for the Protection of Competition of this Office , in order to assess whether there is sufficient merit to initiate a preliminary inquiry against CABAL ARCHILA JUAN CARLOS ( President of Comcel SA ) and HILDA MARY BROWN Hasche (Second Deputy President of Comcel SA ) for allegedly incurred liability under Article 26 of Law 1340 of 2009 , in the sense of having collaborated , provided , authorized , executed or tolerated violations that are punishable in this administrative act. April . DISCHARGE to COMCEL SA conduct investigated a third consisting of non-delivery of Personal Identification Numbers ( PINs ) to their users when trying make number portability procedures , not to be an anti-competitive practice . However, because it is conduct that would constitute a violation of consumer rights , SEND ordered copy of the action to the Delegate of Consumer Protection of the Superintendent for appropriate inquiries . The decision of the Superintendent of Industry and Commerce the remedy of reinstatement . ( 1) Act 155 of 1959 . Section 1. Are prohibited (.... ) all kinds of practices, procedures and systems designed to limit competition and maintain or fix unfair prices . (2) Decree 2153 of 1992 . Article 50 . Abuse of dominant position . ( ... ) Where there is abuse of dominant position are the same the following behaviors : ( ... ) 6 . Obstructing or exclude others , access to markets or marketing channels . (3) Act 155 of 1959 . Section 1. Are prohibited (.... ) all kinds of practices, procedures and systems designed to limit competition and maintain or fix unfair prices .