OM Weekly Digest 07/14/22
July 14 2022
omwd 7 14 22
omwd 7 14 22
liquor cartel

07/14/22 – Anti-trust and Compliance

Colombia’s anti-trust authority (“SIC”) sanctioned several companies belonging to a liquor cartel in Colombia’s department of Antioquia, setting a fine of roughly USD 4 million for anti-competitive agreement. It is worth noting that this is the 42nd sanction in competition law matters imposed by the SIC during Andrés Barreto’s term as Superintendent, adding up to USD 156 million already.  As part of ongoing probes into anti-trust practices, the SIC recommended the regional spirit manufacturer who set the discount caps in Antioquia, to implement compliance programs in order to prevent the risk of restricting free competition, specifically as it relates to Colombian Technical Standard CTS 6378/2020.  The above shows that a clear purpose of the SIC, in addition to detecting anti-competitive or unlawful conduct, is to promote the implementation of preventive mechanisms through compliance programs.

exchange authority

07/14/22 – Corporate

On 22 June 2022, Colombia’s Internal Revenue and Customs Authority (DIAN) published a comprehensive opinion on foreign exchange matters gathering all doctrine on foreign exchange and forex regulations, thus revoking all previous opinions issued to date.    Said document illustrates among other matters: (i) exchange violations, especially those monitored under DIAN jurisdiction; (ii) forex declarations; (iii) import and export operations; (iv) voluntarily conducted operations.

SEPS litigation

07/14/22 – Patents

On 06 July 2022, Judge Ronald Neil Orozco granted a PI requested by Ericsson against Apple Colombia S.A.S prohibiting the import, sale, marketing and advertising of Apple’s devices that incorporate 5G technology, including the iPhone 12 and 13 devices.  It was preliminarily proven that said devices infringe Ericsson’s Colombian patent No. 36031, which has been declared essential for the 5G standard. This ruling, in addition to limiting the entry of infringing devices into the Colombian market, warns “supermarkets, retailers, owners of social media platforms, mass media, and trading platforms within the national territory” to comply with the PI request and guarantee its compliance, as well as to order the National Tax and Customs Directorate (DIAN) to prevent the importation of infringing Apple devices into Colombia.