Meet the team

COMPETITION, CONSUMER PROTECTION AND DATA PROTECTION

Posse Herrera Ruiz

Barranquilla, Colombia
+2 other locations
  • Bogota, Colombia
  • Medellin, Colombia
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Deals

HAPAG – LLOYD AG

Advised on a merger control procedure related to the acquisition by the former of two of SM SAAM’s four lines of business:  port operation services (port terminals) and logistics services. The proposed transaction comprises a vertical merger in the port operation services activity (intra-port and port infrastructure) industry in Colombia.

PUERTO BAHÍA COLOMBIA DE URABÁ S.A. (PUERTO ANTIOQUIA)

Assisted a group of investors with a merger control procedure related to the creation of a New Company for the construction of a public service port in the Colombian Urabá Region and the negotiation of remedies to clear the transaction.

The Transaction comprised a vertical merger in the public service port sector in Colombia.

The Transaction was approved subject to a remedies scheme. Further, advised Puerto Antioquia on the subsequent follow-ups made by the Superintendency of Industry and Commerce with regards to the implementation of the remedies scheme.

Ultimately, the Superintendency of Industry and Commerce determined that the remedies scheme had been fully complied with by Puerto Antioquia.

LATAM AIRLINES

We represent LATAM Airlines in opposing the Avianca/Viva Airlines merger before Aerocivil. This Transaction posed several challenges as the merger entailed the strengthening of Avianca’s dominant position in the Colombian passenger air transportation market, which threatened the sustainability of LATAM’s business in Colombia. Also, it was the first time Aerocivil undertook an analysis on the failing firm’s defence.

LATAM obtained a successful result to the extent that, in first instance, the Aerocivil objected the Transaction as it found that the failing firm’s defence couldn’t be applied and that, in any case, the Transaction entailed numerous competition-related concerns which were not addressed nor mitigated by the Parties.

JERÓNIMO MARTINS COLOMBIA

Currently advising Jerónimo Martins Colombia on its nationwide expansion plan. The expansion plan entails the acquisition of control of over 80 retail stores nationwide operated by Traditional Channel retailers. As of December 26, 2022, more than 60 merger control proceedings before the Superintendency of Industry and Commerce have been successfully completed.

LABORATORIO FRANCO COLOMBIANO LAFRANCOL S.A.S. – IS A SUBSIDIARY OF ABBOTT IN COLOMBIA

Successfully represented Lafrancol in two administrative investigations conducted by the Superintendency of Industry and Commerce for the alleged violation of the Colombian Drug Price Control Regime.

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Team Services

Posse Herrera Ruiz provides legal advice on competition law, consumer protection, and data protection, including merger and acquisition clearance, restrictive business practices, and unfair competition. Our firm is active in counseling clients involved in M&As. In addition to participating in the structuring and negotiation of the corresponding agreements, we advise and assist our clients in filing and obtaining clearances with the competition regulatory authorities.