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El Salvador: In rebuff to Walmart, Court upholds Competition Authority actions

 |  May 8, 2018


El Salvador’s antitrust regulator, the Chamber of Administrative Litigation (SCA), has upheld the ruling of the Superintendence of Competition (SC) against claims of illegality made by Operadora del Sur S.A. of C.V. (ODS), which operates under the Walmart brand in El Salvador.

The SCA had previously pointed out the impropriety of the lawsuit filed by Operadora del Sur (Walmart) against an information request made in November 2013 by the Superintendent’s Economic unit was improper., which The information would be used in the development of the “Study on the conditions of competition in retail distribution of periodic consumer products for households in El Salvador.”

In January 2014, ODS requested an extension to submit the required information; however, it took advantage of the postponement to challenge the request before the SCA, alleging the request to be illegal. The current SCA ruled that the challenge does not pertain to cases which appear before the court, dismissing the claim out of hand.

The case, along with a previous similar case, sets precedents which strengthen and re-affirm the power of the Superintendence of Competence to request information in the development of its studies or investigations, as well as the obligation of the economic agents to provide said information as requested.

Full Content: Superintendencia de Competencia

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