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ARTICLE · 25 JUNE 2002

Two Recent Antitrust Decisions: The Beer Manufacturers Case and the Airlines Case

ColombiaAntitrust/Competition Law

By Ernesto Cavelier and José Elías Del Hierro

This article will review the antitrust and restrictive practices regulations in view of two recent decisions issued by the Superintendence of Industry and Commerce. Both cases serve to illustrate the conditions that require a filing and the powers enjoyed by the antitrust authority in Colombia, and provide an excellent outline of the type of decision likely to be issued in other cases. Moreover, the cases illustrate the wide range of discretion enjoyed by the antitrust authority, particularly since the decisions reached seemed to be contradictory. The first case approved a merger between the two largest brewers in the country. While the approval was granted, a good number of conditions were imposed on the parties to the transaction. The second case objected to the proposed merger of the two largest airlines in Colombia, on the basis of forceful but debatable arguments. The study of both cases will give the reader substantial information

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