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El Salvador: Supreme Court ratifies Competition Authority’s resolutions

 |  December 12, 2017

The Supreme Court of El Salvador has notified the Superintendence of Competition (SC) of two decisions in its favor, pertaining to cases appealed by economic agents: Operadora del Sur, S.A. of C.V. and AIG Vida, S.A. People Insurance. So far, the Supreme Court has reviewed a total of 26 resolutions issued against the SC, 23 of which have resulted in positive decisions for the authority, with two more being dropped by the plaintiffs and only one finding against the regulator.

In the case promoted by Operadora del Sur, which sued the SC’s chief economist over their request of information while working on the study “Conditions of Competition and Consumer Protection in the White Corn and Bean Agricultural Sector in El Salvador”. The Supreme Court dismissed Operadora del Sur’s claim, as it was directed against an act ( specifically, the requirement of information within the development of a competition study) that does not meet the requirements for legal recourse.

In the case promoted by AIG, the SCA ruled last September stating that there had been none of the alleged illegalities in relation to the resolution issued in March 2014 by the SC, by means of which the plaintiff was sanctioned for failing to provide requested information, related to an investigation on anticompetitive practices that, subsequently, proved the existence of an anti-competitive agreement executed between the insurer and Asesuisa Vida, SA, People Insurance, and Sisa Vida SA, in public tenders.

Full Content: Superintendencia de Competencia

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