Sanction for cartelization in the selection processes of the Canal del Dique

The Superintendence of Industry and Commerce imposed a penalty of $3,106 million to 51 market agents and 19 natural persons, for violating free competition in 259 selection processes carried out by the Regional Autonomous Corporation of Dam Channel.

(Canal del Dique: for the third time in a month they suspend their adjudication).

The purpose of these processes was the cleaning, re-cleaning and maintenance of canals, streams and other hydrographic basins, as well as the maintenance and reinforcement of the jarillones in 21 territorial entities of the department of Bolívar.

According to research, market agents would have been cartelized in selection processes “by distributing the contracts through the formation of 53 sub-carousels, a situation that eliminated the competition inherent to public contracting,” says the Superintendence.

(Guilds ask to speed up the Canal del Dique project).

In addition, six officials and former officials of the Regional Autonomous Corporation of the Canal Del Dique were sanctioned, “who would have facilitated and tolerated the anti-competitive conduct by participating in the structuring of the selection processes, preparation and approval of their specifications in favor of the market agents that participated as bidders”.

The administrative action by the Superindustry began after a communication from the CGR, received in January 2018, through which the results of the advanced audit report were transferred to the Regional Autonomous Corporation of the Canal del Dique (Cardique).

(The Canal del Dique project could be formulated again).

On this occasion, the Superintendence determined that those sanctioned executed an agreement to act in a coordinated and distribute the contracts derived from 259 Cardique selection processesin which they eliminated the competitive pressures typical of public contracting and were deliberately and predetermined winners.

“Taking into account that it was evidenced that the anticompetitive agreement sanctioned here could materialize thanks to the facilitating behavior by a number of high-level Cardique officials, the Superintendence of Industry and Commerce considers it necessary to alert the aforementioned entity and invite it to implement a compliance program in free competition, in order to pay attention to the behavior of its officials and the proponents of its processes, in order to prevent future anticompetitive behaviors such as those analyzed, “he concluded.

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