The Administrative Contentious Tribunal, hereinafter ACT, of the Supreme Court of Justice (SCJ) notified a new sentence in favor the Competition Superintendence, hereinafter CS. In 2007, the CS sanctioned the company Negocios Agrobursátiles, hereinafter NEAGRO, with a fine amounting US$5,112.00, due to the existence of an agreement amongst competitors amongst other four agricultural and livestock brokerage firms.

1. Press Release C. 28-11
th
El Salvador, October 19 , 2011.
Fifth Sentence of the SCJ in favor the CS
The Administrative Contentious Tribunal, hereinafter ACT, of the Supreme Court of Justice (SCJ)
notified a new sentence in favor the Competition Superintendence, hereinafter CS. In 2007, the CS
sanctioned the company Negocios Agrobursátiles, hereinafter NEAGRO, with a fine amounting
US$5,112.00, due to the existence of an agreement amongst competitors amongst other four
agricultural and livestock brokerage firms
age firms.
The importance of the aforementioned sentence lies on the fact that this
“An agreement decision confirms the validity the “per se” rule for the analysis of agreements
ecision “ ”
amongst competitors is amongst competitors, meaning that the simple existence of such agreements
‘per se’ an is an infringement of the Salvadoran Competition Law. Therefore, it is
Salvadoran
anticompetitive unnecessary to analyze whether the agreement was executed or not or its
practice. Hence, the effects on the market.
execution of such an NEAGRO argued that the CS´ ruling was not duly justified, thus, violating
agreement is not procedural guaranties. In this case, the ACT established forcefully that the
necessary. It is enough CS´ Board of Directors (BD) amply allowed the economic agents to exercise
to prove its existence their defense rights.
to be harmful for
competition”, asserted In December 2006, PDBESA, an association that brings together the
tion
brokerage firms that trade at BOLPROES, (the Salvadoran Products
broker
Francisco Diaz
Exchange Place) published in the newspapers a table with the minimum
shed
Rodriguez, Competition commissions to be charged to their clients in open transactions and sorghum
Superintendent. st
agreements, starting on October 1 , 2006 and for the rest of transactions,
st
beginning on January 1 , 2007.
Publication of the PDBESA Agreement with the table of minimum commissions to be charged to their clients.
greement, clients
Edificio Madreselva, 1er Nivel, Calzada El Almendro y 1ª Ave. El Espino, Urb. Madreselva, Antiguo Cuscatlán, El Salvador.
Madreselva,
E-mail: contacto@sc.gob.sv - www.sc.gob.sv

2. In October 2007, the BD of the CS sanctioned the agricultural and livestock brokerage firms: GRACONSA,
SBS, LATIN TRADE, NEAGRO, LAFISE and INTERPRODUCTOS, with fines amounting US$5,112.00 to
LAFISE,
each company, for agreeing to fix minimum commissions for rendering the intermediation service at
BOLPROES, infringing Article 25 letter a) of the Salvadoran Competition law.
“Art. 25. Anticompetitive practices among competitors are prohibited; these practices include the following,
amongst others: a) Establish agreements to fix prices or other purchase or sales conditions under any form
condi
whatsoever”.
Three of the six brokerage firms sued the BD before the ACT of the SCJ: LATIN TRADE, SBS, and NEAGRO.
TRADE
Two of these processes have been sentenced in favor of the CS and one (LATIN TRADE) was declared
LATIN TRADE
inadmissible by the ACT.
Intervention of the Republic´s General Attorney
tion Attorn
The CS will notify the Republic´s General Attorney who will collect the aforementioned fine.
Other CS cases pending judicial sentencing
The CS still has 14 cases pending sentencing from the ACT of the SCJ. 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 wheat flour manufacturers for a horizontal agreement.
manufacturers
Edificio Madreselva, 1er Nivel, Calzada El Almendro y 1ª Ave. El Espino, Urb. Madreselva, Antiguo Cuscatlán, El Salvador.
Madreselva,
E-mail: contacto@sc.gob.sv - www.sc.gob.sv