Ongoing Action

Annulment action against the SIC’s Internal Procedure PC02-P01 (Version 14) on inspections and restrictive competition practices

17/09/2026

The internal procedure PC02-P01 of the Superintendency of Industry and Commerce created, without legal basis, a parallel procedural regime that allows inspection visits, evidence gathering and other steps before the formal opening of sanctioning proceedings. By regulating stages, competences and means of evidence through an internal act, the SIC assumed functions reserved to the legislature, altered the legal order of proceedings and undermined essential due process guarantees, including the right to a prior defense, privacy and business confidentiality. The challenged act replaces the applicable legal framework and disregards structural principles of the rule of law.