Bogotá, June 5, 2025 — Colombia’s Superintendency of Industry and Commerce (SIC) has rejected settlement proposals from Mastercard, proponents in the National Protection Unit (UNP) procurement processes, and the agricultural distribution giant Corabastos, all of whom are under investigation for alleged violations of the country’s free competition regime.
The SIC announced that the offers of guarantees submitted by these entities failed to meet the legal and policy standards required to suspend or modify the alleged anticompetitive conduct. Consequently, the watchdog has opted to continue with its formal sanctioning procedures rather than bring the investigations to an early close.
According to the SIC, several of the proposals did little more than reiterate compliance with existing laws and lacked meaningful or structural commitments that could credibly change the investigated behavior or prevent its recurrence. Accepting such offers, the SIC warned, could undermine its ability to effectively enforce competition laws.
Mastercard Case: Insufficient and Potentially Harmful
In the case of Mastercard, the SIC stated that the guarantees not only failed to address the preliminary findings of market restriction but also risked exacerbating the very limitations on competition that the agency is investigating. The absence of evidence indicating any modification or cessation of the alleged conduct, coupled with a lack of structural remedies, led to the categorical rejection of the proposal.
UNP Bidders: Superficial Commitments
Bidders involved in public tenders organized by the National Protection Unit—responsible for security services, including armored vehicle procurement—also offered guarantees. These included the withdrawal of certain companies from bidding processes, the sale of vehicle leasing firms, resource allocations to new entrants, and commitments to participate in tenders where they typically abstain. However, the SIC found these measures inadequate. They did not meet the legal thresholds for altering market dynamics or preventing future violations and failed to offer credible, enforceable solutions.
Corabastos: Structural Failings in a Critical Market
For Corabastos, a key player in Colombia’s national food distribution network, the SIC emphasized the strategic importance of its operations to consumers and the broader economy. The guarantees offered by the company were found to lack the necessary structural depth to deter further anticompetitive practices. The SIC noted that Corabastos’ management of physical market space gives it direct influence over market access for agricultural producers and intermediaries—making the inadequacy of its proposed commitments especially concerning.
Policy Over Convenience
The SIC reaffirmed that guarantees and settlements must not serve as a way for companies to sidestep accountability or forestall sanctions without addressing the root of competitive harm. The agency stressed that offers which merely comply with the law or fail to impose meaningful constraints on future behavior do not align with Colombia’s competition policy goals.
By rejecting these proposals, the SIC sends a strong message: procedural shortcuts will not be entertained when the public interest and market integrity are at stake. The cases against Mastercard, UNP contractors, and Corabastos will now proceed through the standard sanctioning process.
