Guidelines

What documents must the officials present?

Colombian Competition Authority
 

• In order to carry out an administrative inspection (also "inspection") at the registered domicile of a company, its facilities, or any space associated with the corporate context of an individual (as opposed to private home to the extent individuals have stronger reasonable expectation of privacy) , the officials must identify themselves with the corresponding identification card and must present an official letter signed by the Chairman of the Superintendency of Industry and Commerce or by the Deputy Superintendent, or by the heads of Department, as the case may be. This document is called a visit credential. 
• The individual or the company on which an inspection is made may refuse the inspection. However, refusal may expose the individual or company to fines imposed by the Colombian Competition Authority. 
• The practice of an inspection does not require judicial authorization. However, please note that company employees may refuse to hand over personal equipment that is unrelated to their employment. It is not necessary for the Colombian Competition Authority to previously inform about the practice of the inspection. 
• The visit credential that officials commissioned must present shall contains: 
  • The subject matter of the inspection. 
  • The individuals who participate as officials for the Colombian Competition Authority.
  • The identification that certifies as official of the Colombian Competition Authority. 
  • Signature of the Superintendent of Industry and Commerce, or the Deputy Superintendents, or the Heads of Department, of the Colombian Competition Authority. 
• Read the documents carefully and check:
  • Is your company the addressee? Does the address indicated match the one under inspection?
  • Is the purpose, objective and scope of the inspection well defined in the visit credential?
  • Which office of the Superintendency of Industry and Commerce is responsible for the inspection? 
  • Where can the commissioned officials be found?
  • Are the officials requiring personal equipment of an employee, which are not related to its functions at the company?
• Please note: Ask the official to define the scope of the inspection, and the hypothesis of investigation for which the inspection is being carried out. 

Where and how may the officials search?

Colombian Competition Authority
 

• The Colombian Competition Authority is entitled to:
  • Entering the facilities (including the premises and means of transport subject to inspection).
  • Collecting all the information that is " appropriate". The information required and collected must be related to the subject matter of the inspection and to the faculties of the Colombian Competition Authority.
  • To order and practice any evidence admitted in the civil procedural legislation, subject to the formalities indicated in that legislation for the respective means of evidence.
• However, judicial authorization is required when such access involves a limitation of the right to privacy of the domicile. 
• The presence of an attorney for the individual or company is not required.
• The Colombian Competition Authority will prepare a record of the visit. It will include the following: 
  • The time of the beginning and closure of the inspection.
  • The correspondence address of the company upon which the inspection was carried out. 
  • The requests for information and the response received by the individual designated to attend the inspection, or by the individual who is the object of the inspection.
  • List of documents and information provided, and commitments to deliver further information. 
  • A description of evidence collected or produced during the inspection.
  • The circumstances in which the inspection was carried out, including facts that may constitute non-compliance. 
  • Identification of the officials who carried out the inspection.
  • The signature from the officials and the individual designated to attend the inspection. 

What may the officials search?

Colombian Competition Authority

The Colombian Competition Authority may use other evidence provided that they have a degree of connection with the subject matter of the inspection. If the Colombian Competition Authority brings a case, the individual or company involved may challenge any irregularity in the inspection.

Who may be questioned by the officials and how?

Colombian Competition Authority
 

The Colombian Competition Authority may use other evidence provided that they have a degree of connection with the subject matter of the inspection. If the Colombian Competition Authority brings a case, the individual or company involved may challenge any irregularity in the inspection.