The Administrative Contentious (ACT) and the Constitutional Tribunals (CT) of the Supreme Court of Justice (SCJ) notified the Competition Superintendence (CS) the first sentences in favor of said institution.

1. Press Release C. 17-11
th
El Salvador, July 25 , 2011.
First Sentences of SCJ in favor of CS
The Administrative Contentious (ACT) and the Constitutional Tribunals (CT) of the Supreme Court of
Justice (SCJ) notified the Competition Superintendence (CS) the first sentences in favor of said
institution.
“This is good news The SCJ´s final resolutions ratify the CS´ power to request information during
for the CS and for the the execution of a sector study on competition conditions, as well as during an
country. This investigation of anticompetitive practices.
sentence strengthens
the institution since it 1. Sentence of the Constitutional Tribunal
e
ratifies the CS´ legal
power to request The notified sentence of the Constitutional Tribunal declares that the CS did not
infringe any of CTE´s or Personal´s (telephone companies) constitutional rights
information during
when the CS requested, within an administrative sanctioning procedure for
the execution of a anticompetitive practices, certain commercial, financial, economic, and legal
practices,
sector study on information. Pursuant to the aforementioned sentence, the economic agents
competition (owned by the Claro Group) have to pay a fine totaling US$11,286.00.
conditions, as well as
during an When the CS requested the information, both companies denied supplying it
investigation of alleging they had the right to not incriminate them, remain silent, to not give any
hem,
anticompetitive documentation, and to not make any statement.
practices. This is
one of the CS´ tools Due to said non compliance, the CS began a sanctioning procedure against
these telephone companies. During the above cited procedures, CTE and
During
to benefit economic
Personal provided the requested information but were fined for the delay.
efficiency and, most
importantly, The CS defended the constitutionality of its actions alleging and proving that the
consumer welfare” Competition Law (CL) expressly empowers said institution to request
asserted Francisco information to the investigated economic agents and never asked CTE and
Diaz Rodriguez, Personal
Person to declare against them.
Competition
Superintendent. Article 44 paragraph 1 of the CL states: “In performing his/her duty, the
In
Superintendent may request relevant reports or documents to carry out the
investigation, and also summon any person related to the case under investigation”.
investigation
The CT dismissed CTE´s and Personal´s arguments when sentencing due to the powers the CL has vested
the CS with regarding the request of commercial, financial, economic, and legal information to the investigated
e
economic agents.
1. Sentence of the Administrative Contentious Tribunal
e
th
This sentence declares the resolution issued by the Board of Directors (BD) of the CS on March 13 , 2007,
sanctioning Laboratories Ferson (pharmaceutical company) with a fine of US$14,984.64 legal. The
US$14,984.64,
aforementioned obliges this economic agent to pay the fine imposed.
Edificio Madreselva, 1er Nivel, Calzada El Almendro y 1ª Ave. El Espino, Urb. Madreselva, Antiguo Cuscatlán, El Salvador.
E-mail: contacto@sc.gob.sv - www.sc.gob.sv

2. Laboratories Ferson alleged before the ACT that the CS did not have the legal power to request information
while executing sector studies on competition conditions, that said institution did not have the power to request
confidential information, and that the procedure to impose sanctions to this so called infringement should be
, so-called
the one set forth in the CL and not the one described in the Law of the Procedure for the Imposition of
Administrative Arrests or Fines.
The CS defended the legality of its actions by indicating the set of legal and regulatory provisions that enable it
to carry out sector studies and the empowers it to request information to the economic agents, even if said
information is confidential.
Pursuant to Articles 50 of the CL: “Every governmental entity and authorities in general, as well as every
ursuant “Every
individual, are obliged to provide support and the necessary collaboration to the Superintendence, providing all
types of information and documents required for the investigation regarding the infringement of this Law”.
required Law
Many economic agents deny providing confidential information to the CS. With the above cited sentence, the
ACT confirms that the CS has in fact been legally empowered to request this type of information.
t
Notwithstanding the aforementioned, the CL provides the CS with several tools to guarantee the confidentiality
of the information provided to it.
Other CS cases pending judicial sentencing
The CS still has 17 cases pending sentencing at the ACT of the SCJ. Some of them were concluded by with
sentencing
sanctions in 2007. Amongst the most emblematic of such cases pending sentencing are the ones related to
the petroleum companies for abuse of dominant position and the ones related to the whe wheat flour
manufacturers for a horizontal agreement.
Recently, the CS visited the aforementioned Tribunals to explain the urgency for these cases to be resolved;
confirming the orders to cease the anticompetitive practices committed which harm economic effefficiency and
consumer welfare.
Edificio Madreselva, 1er Nivel, Calzada El Almendro y 1ª Ave. El Espino, Urb. Madreselva, Antiguo Cuscatlán, El Salvador.
E-mail: contacto@sc.gob.sv - www.sc.gob.sv