Grupo Energía Bogotá S.A. E.S.P: Counsel in the drafting and filing of the merger control procedure in Colombia with regards to its acquisition of Elecnorte S.A.S. E.S.P., an important distributor of electrical energy in the country. This particular case involved a specialized understanding of interim covenants on shareholders agreements when structuring the filing.
We shed light on this case as it highlights our understanding of highly important markets, as well as the team´s capacity to design appropriate and successful merger control filings that result in beneficial responses for the Client from the antitrust agency in Colombia.
Sociedad Portuaria Regional de Cartagena S.A: Counsel in a 4-year-long preliminary investigation carried out by the Colombian Competition Agency relating to the Clint’s operation as manager and operator of the Port of Cartagena.
PPU was counsel to the Client during the entire proceeding, including assisting and representing the Client during the Agency’s dawn raid at Client’s offices, drafting and filing of responses to multiple RFI´s from the SIC, assisting and representing the client in multiple hearings. This matter is highly relevant in Colombia as it involves a competition probe into one of the main port infrastructures in Colombia.
Particularly, we include this matter as, due to our successful legal advice and highly effective response strategy, the preliminary investigation was formally closed in August 2022, without formal charges being brought on our Client.
We are putting this matter forward as it shows how we are able to assist our clients in establishing highly effective response strategies regarding administrative investigations, as well as implementing litigation strategies that are not limited to antitrust considerations but rather also include industry specific regulations. In addition, it demonstrates the team’s skills to provide accurate and practical legal assessments through a wide range of fields.
RCN Televisión S.A: Counsel in a 3-year-long preliminary investigation carried out by the Colombian Competition Agency for alleged abuse of market power in the market for advertisement time on TV, which was closed in June 2022 without charges being formally brought against the Client.
PPU was counsel to the Client during the entire proceeding. This matter is highly relevant in Colombia as it involves a competition probe into the Colombian free TV market and our client, RCN, is one of the two main competitors in this market.
Particularly, we include this matter as, due to our successful legal advice and highly effective response strategy, the preliminary investigation was formally closed this year, without formal charges being brought on our Client.
In addition, we included this case as it demonstrates our team’s ability to work in highly complex antitrust litigation. This case required a solid understanding of specific and highly relevant markets, proposing solutions and defining strategies to avoid the imposition of formal charges by the SIC. As well, this matter shows our ability to structure and carry out complex antitrust cases that respond to the particularities of our Client´s industries.
Advises to public agencies, national, international and multinational companies from every market or industry.
The experience of the firm extents to all aspects of Chilean and Colombian competition law: from preventive counsel to the defense of our clients in merger control or public law procedures, including actions before the relevant judicial entities.
Several specialized publications, both nationally and abroad, have recognized our work as top of the line. The firm provides legal counsel, amongst many others, in the following matters:
Design, implementation and execution of preventive mechanisms consisting in the development and oversight of compliance programs, practical guidelines of behavior, protocols and permanent guidance for board members, executives and employees, and so on and so forth.
Counsel and defense in merger control and concentration procedures of any kind.
Counsel in investigations carried out by the national competition authorities, including leniency programs.
Testimonials
‘Diego Cardona is a very good and pragmatic lawyer.’
‘The firm is highly professional, with expert lawyers in the field. Very committed to providing highly competent, results-focused, first-rate advice.’
‘Lawyers explain, with dedication and detail, the facts and the legal aspects that apply to each situation.’
‘This team is dedicated to the client. They respond to every inquiry we make in a timely manner.’
‘In this area, Philippi, Prietocarrizosa & Uría fields a highly technically trained team to deal with different and diverse competition and antitrust issues — practice areas in which a high degree of expertise is needed. Its response times are efficient and its quality of service is outstanding.’
‘Diego Cardona attends to our matters personally, which is a big plus for us. In addition to continuous monitoring until the issue is resolved, on several occasions, he has addressed our concerns with our parent company directly, which has demonstrated credibility and professionalism in his area of expertise.’
‘We particularly highlight Diego’s experience and knowledge of our company, as well as our industry.’
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