El Salvador: Alba Petróleos Investigation Starts

The superintendency of competition has began the investigation into alleged anti-competitive practices by Alba Petroleos.

Friday, July 19, 2013

"After analyzing the formal request by the National Association of Private Enterprise (ANEP) (February 5), the Superintendence of Competition has launched an official investigation (February 13, 2013), with the intention of determining whether Alba Petroleum had or had not violated the Competition Act through merging its businesses," noted an article in Elsalvador.com.

Francisco Diaz, Superintendent of Competition, confirmed that the company "failed to seek permission before performing certain operations which constitute alleged economic concentrations (acquisitions and mergers)."

"From preliminary proceedings sufficient evidence has arisen indicating the existence of such practices, therefore a sanctions proceedings have started, and at the same time the operator has been informed that it will be investigated for alleged commission of certain anti-competitive practices or violation the law," he said.

According to the Superintendence of Competition, in the documentation submitted by Alba Petroleum, five operations were found that could meet the criteria established in the law on concentrations. "These would be economic transactions between affiliated parties which would have to have exceeded the monetary thresholds set out in Article 33 of the Act," said Diaz.

Now, Alba Petróleos has 30 days to exercise its right to defense, beginning on July 18, after that there will be 20 working days of investigations after which the Advisory Board will decide whether or not there has been a violation of the Competition Act.



More on this topic

Anticompetitive Flour Practices Denounced

June 2016

Agroindustrias Gumarsal has denounced to the Superintendency of Competition in El Salvador alleged anticompetitive practices in the flour sector.

From a statement issued by the Superintendency of Competition:

The Superintendency of Competition this morning received a complaint from the legal representative of Agroindustrias Gumarsal requesting the initiation of disciplinary proceedings for anticompetitive practices in the flour sector.

El Salvador: Mills Investigated for Economic Concentration

July 2015

The Superintendency of Competition is investigating whether the mills El Angel and La Magdalena carried out operations that could be considered economic concentration.

From a statement issued by the Superintendency of Competition (SC):

SC launches an investigation against two mills

Alba Petróleos Fined in El Salvador

November 2013

The company was fined $759,924 for failing to petition the Salvadorian Superintendency of Competition to approve to purchase of nine service stations.

In addition to the financial penalty, the Superintendencia de Competencia (SC) demanded that the company submit within 30 days an application to follow the procedure which should have been done in the beginning.

No Resonse to Complaints Against Alba Petróleos

July 2013

The Superintendency of Competition in El Salvador has not yet ruled on the complaints raised by the National Association of Private Enterprise for alleged anticompetitive practices.

Five months after the National Association of Private Enterprise (ANEP by its initials in Spanish) requested an investigation, it is "still awaiting a response from the Superintendency of Competition and is urging the Government of the Republic to enforce the law on equal terms and force the fulfilment of requirements under which ALBA businesses operate in El Salvador", published Elsalvador.com.

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