The National Government, by virtue of Decree 507 of 2020 and in accordance with Decree 462 of 2020 , recently called on the Superintendency of Industry and Commerce – SIC to exercise its inspection, surveillance and control functions by implementing market monitoring and enforcement programs , in order to avoid hoarding or distribution phenomena inefficient of vital products to attend the health emergency caused by COVID-19.
In this sense, the SIC , in accordance with the guidelines established by the national government, formulated a statement of objections to the company INMADICA ANDINA SA -company that is part of the network of distribution of the company 3M Colombia SA – through the Resolution No. 19922 of May 5, 2020 (Opening Resolution) , to determine if the company violated the free competition regime in Colombia, specifically Article 1 of Law 155 of 1959 (general prohibition), for allegedly having maintained or determined inequitable prices for Personal Protective Equipment (PPE) , among which are respiratory facial protectors – masc filtering aras; visual protection – mono glasses, goggles and masks; and body protection – waterproof isolation clothing or gowns, items used by health services personnel in Colombia to care for the health emergency caused by COVID-19.
The SIC initiated the preliminary investigation ex officio on April 13, 2020, as a result of two quotations received by the Authority, and of which the sender is unknown, in which is evidence a price increase of between 8% and 12% in a period of less than 6 days, presumably without a reasonable justification. These documents led the Authority to send information requests to INMADICA and summon this company to appear before the SIC on two occasions, but it did not attend the scheduled sessions or provided a reasonable justification for his absence.
The hypothesis presented by the Authority focuses on a price increase deployed in order to “ obtain an increase in the economic benefits of the company, taking advantage of the particular circumstances the country is going through in the context of the emergency. , specifically regarding the need for the use of PPE by the medical personnel who attend to it ”(Opening Resolution. Page 3) to the detriment of consumers’ well-being, since the SIC by requesting information from market agents in “ upstream ” links of the value chain, they showed that the increases are due to decisions made by the Company and not to market circumstances, much less to fluctuations in the volatility of the dollar, because in accordance with the statement made by the Legal Representative of 3M Colombia SA , these effects have been assumed by 3M and in no n case they have been transferred to their distributors.
Therefore, INMADICA now has a term of 20 business days from the notification of the Opening Resolution to present evidence, render discharges, offer guarantees or benefit from the Collaboration Benefits Program.