Fusión de sociedades en Colombia: Criterio de la Superintendencia de Sociedades y Superintendencia de Industria y Comercio en casos de amenaza a la competencia.

Abstract

Within the present project, the criterium handled by the Superintendence of Corporations (hereinafter SuperSociedades) and the Financial Superintendence of Colombia (hereinafter SIC) will be determined against the business merger in Colombia when there is a threat to economic competition. To achieve this, firstly, a general definition of merger, business merger, its origin, and its arrival and impact in Colombia will be made; secondly, it will be analyzed how the merger of companies has been regulated in Colombia, and specifically, which has been the regulation of the companies merger against the threat to competition, this in accordance with current legislation on the subject and the regulations of the SuperSociedades and the SIC; Finally, an examination of the standard used by these superintendencies in the approval of the amendment to the statutes for merger purposes in cases where there is a threat to competition will be presented, taking into account its decisions in specific cases.