- Less political competition enforcement foreseeable
- Technical staff remain despite leadership controversies
- Competition conditions and officials’ sanctions among SIC challenges
Colombian President Abelardo de la Espriella takes office on 7 August and is expected to appoint a new head of the Superintendency of Industry and Commerce (SIC), potentially steering the competition authority away from its previous, more politically driven approach, four local lawyers said.
Former SIC head Andrés Barreto was appointed last month as the incoming president’s legal adviser. He could play a role indiscussions over the appointment of the next SIC head, a power that rests with the president, according to Edward Cristancho, founding partner at local legal consultancy CR Abogados.
Current SIC head, Cielo Rusinque, who also serves asinterim justice minister, is a close ally of outgoing President Gustavo Petro. Her departure is likely once the new administration takes office, according to Andrés Merchan, partner at Bogotá-based Brick Abogados. Rusinque has drawncriticism since her appointment in February 2024 over a series of public disputes conducted through social media, Merchan added.
Among the most notable controversies was Rusinque’s criticism of Colombia’s Constitutional Court after it overturned a USD 2m fine imposed on soccer association Dimayor. Rusinque argued theruling undermined SIC’s investigative powers in a video statementon X, according to media reports.
In March, the Council of State overturned Rusinque’s appointment as SIC head due to selection irregularities. Petro subsequently reappointed her, and Rusinque published another video on X lambasting the council decision.
Liberal policies
Despite Rusinque’s combative tenure as SIC’s head, the competition protection office (Delegatura de Protección de la Competencia) has remained focused on its technical decisions, Lorenzo Villegas, competition law partner at Serrano MartínezCMA, a local legal consultancy told this news service. Rusinque also retained delegatura head Fransciso Melo, a career official with more than 15 years at the SIC, and merger review teams haveremained in place, according to Andrés Merchan.
The incoming administration is expected to place greateremphasis on free-market principles in competition enforcement,according to Ismael Beltrán, founding partner at local law firm Competencia Legal.
Petro’s SIC took environmental, social, and governance as part oftheir procedures at least since last year. The competition watchdog also issued requisitions about companies’determination of prices methodologies, Beltrán said. He added that these practices probably will not be seen in de la Espriella’s administration.
The SIC faces several ongoing challenges, including monitoring compliance with behavioral conditions on the Tigo/Movistardealthat was approved in November and addressing the fallout from disciplinary sanctions imposed on SIC officials and contractors over 2024 inspection visits, Cristancho said. The sanctions are under appeal.
More substantial reforms such as downsizing the SIC or changingits legal powers are unlikely in the near term because they would require congressional approval, Villegas said. President de la Espriella’s party, MSN, has four of 103 senate seats and one of 183 seats in the lower chamber, according to local media.
The SIC and an advisor of Abelardo de la Espriella did not respondto requests for comment.
Escrito por: Leonardo Peralta en la Ciudad de México
Artículo publicado por: ION Analytics
Foto tomada de Magnific.