Superintendencia de Industria y Comercio

The Superintendence of Industry and Commerce (SIC), in its role as National Authority for Competition Protection, opened an investigation against SOCIEDAD PORTUARIA REGIONAL DE BUENAVENTURA (SPRBUN) to determine if the company implemented an anti-competitive system aimed at preventing and hindering the provision of port operation services carried out by the different agents in the Port of Buenaventura.

Likewise, the SIC also opened an investigation against four (4) individuals linked to SPRBUN, who allegedly facilitated, collaborated, authorized, promoted and /or executed the conduct for which the company is being investigated.

The investigation began after the SIC received several complaints filed by port operators, customs agencies and users of the Port of Buenaventura, as well as by other national authorities, such as the National Infrastructure Agency (ANI) and the Ministry of Commerce, Industry and Tourism (MINCIT).

Within the framework of the administrative action, the SIC managed to probed that, at least since 2013, SPRBUN had taken advantage of its role as administrator of the infrastructure of the Port of Buenaventura, in order to implement a set of behaviors and strategies that would allow it to unduly increase its participation, and that of some affiliated companies like ZELSA and TECSA, in port operation activities.

This strategy would have affected the users and operators of the Port of Buenaventura, who were subjected to restrictions on the mobilization of containers, obstacles to handling cargo and double charging for some port services (weighing), among other effects.

In addition, SPRBUN would have given privileged treatment to those users who contract port operation services directly with SPRBUN or with its affiliated companies, harming other independent port operators.