Sic sanctions cartel in the school snack program (PREB) of Bogotá

girl with a tray with food in the school restaurant.

 

The Superintendence of Industry and Commerce (SIC), in its role as National Authority for Competition Protection, imposed fines up to COP $28,434,103,236 on nine (9) companies and sixteen (16) individuals for infringements to the free competition regime and cartelization in the School Snacks Program (PREB, for its acronym in Spanish) of the School Food Program (PAE, for its acronym in Spanish) of Bogotá.

This conduct was carried out between 2007 and 2017.

The SIC also sanctioned the COLOMBIAN ASSOCIATION OF FOOD SUPPLIERS (ASOPROVAL, for its acronym in Spanish) for having developed and implemented a system aimed at limiting free competition in relation to the contractual selection processes of the PREB.

Fines:

SANCTIONS IMPOSED BY THE SIC 

COMPANIES  

AERODELICIAS S.A.S. 

$1.941.168.312 

SERVICIAL S.A.S. 

$1.674.532.248 

LA CAMPIÑA S.A.S. 

$446.965.044 

INDUSTRIAS ALIMENTOS Y CATERING S.A.S. 

$1.666.931.448 

DISERAL S.A.S. 

$1.209.743.328 

IBEROAMERICANA DE ALIMENTOS Y SERVICIOS S.A.S. 

$4.512.936.996 

PROALIMENTOS LIBER S.A.S. 

$8.026.216.776 

 8 

ALIMENTOS SPRESS S.A.S. 

$50.507.316 

COOPERATIVA MULTIACTIVA SURCOLOMBIANA DE INVERSIONES LTDA. 

$475.620.060 

10 

ASOCIACION COLOMBIANA DE EMPRESAS PROVEEDORAS DE ALIMENTOS (ASOPROVAL) 

$34.697.652 

INDIVIDUALS  

GUSTAVO ENRIQUE DONADO ARRÁZOLA 

$671.986.728 

JUAN DE JESÚS ALEMÁN GUERRERO 

$102.382.776 

HAYDER MAURICIO VILLALOBOS ROJAS 

$40.588.272 

JAVIER IGNACIO PULIDO SOLANO 

$2.000.000.000 

JUAN CARLOS ALMANSA LATORRE  

$2.000.000.000 

JAIRO HUMBERTO BECERRA ROJAS  

$2.000.000.000 

STELLA TÉLLEZ HERNÁNDEZ  

$193.592.376 

GERMÁN TRUJILLO MANRIQUE  

$386.082.636 

MÓNICA GUASCA CAICEDO 

$7.980.840 

10 

WILLIAM FAJARDO ROJAS 

$16.037.688 

11 

HERNANDO PRIETO MOLINA 

$70.193.388 

12 

BEATRIZ BECERRA ROJAS 

$2.736.288 

13 

LUCERO TÉLLEZ HERNÁNDEZ 

$46.782.924 

14 

ISMAEL BELLO PACHON 

$286.284.132 

15 

LUISA FERNANDA   FLÓREZ   RINCÓN 

$22.118.328 

16 

MÓNICA ARLENE DEL PILAR BARRERA ROMERO 

$548.017.680 

TOTAL SANCTIONS  

COP $28.434.103.236 

The Case:

The SIC was able to prove the existence of an illegal agreement between AERODELICIAS, SERVICIAL, LA CAMPIÑA, CATALINSA, DISERAL, IBEASER, LIBER, SPRESS and SURCOLOMBIANA, whose purpose was to eliminate competition in the contractual selection processes of the PREB, between 2007 and 2017. 

Through this agreement, the offenders distributed the adjudications of the AREAS within the Capital District of Bogotá, dividing the selection processes of the city's School Snacks Program. The sanctioned companies devised and continuously executed a dynamic that affected free competition in nineteen (19) contractual selection processes. This dynamic is summarized below:

  • The sanctioned companies coordinated in order to distribute the AREAS to be awarded
  • The coordination sought to avoid competition between them when participating for each AREA to be awarded in the different selection processes, which resulted in a significant number of AREAS in which only one bidder was presented. 
  • Only in 38.52% of the AREAS more than one proposal was presented. This percentage decreased to 25% when taking into account exclusively the concurrence of proposals that were enabled to compete in each AREA. This meant that in 75% of the AREAS to be awarded there was no plurality of bidders.
  • Additionally, within the coordination framework, those sanctioned companies were preventing Bogotá D.C. from modifying the contracting modality to mechanisms that promoted competition. The sanctioned companies used the ASOPROVAL association as a coordination vehicle, in order to maintain the illicit structure of the agreement.
  • It was also found that the sanctioned companies maintained close relationships and constant communication during the period investigated, even during the development of the contractual selection processes under investigation.

 

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