AGREEMENT ON ANTITRUST COOPERATION BETWEEN

THE UNITED STATES DEPARTMENT OF JUSTICE AND

THE UNITED STATES FEDERAL TRADE COMMISSION,

OF THE ONE PART, AND

THE SUPERINTENDENCE OF INDUSTRY AND COMMERCE OF COLOMBIA,

OF THE OTHER PART

The United States Federal Trade Commission and the United States Department of 

Justice (together the “U.S. antitrust agencies”), of the one part, and the Superintendence

of Industry and Commerce of Colombia (“SIC”), of the other part, 

Having regard for the close economic relations and cooperation between the Government 

of the United States of America and the Government of the Republic of Colombia within 

the framework of the United States-Colombia Trade Promotion Agreement, signed on 

November 22, 2006, and in particular to the commitment of the United States and 

Colombia in Chapter 13 of that Agreement to cooperate in the area of competition policy, 

Recognizing that cooperation and coordination in competition law enforcement activities 

between the U.S. antitrust agencies and the SIC may, in appropriate cases, result in a 

more effective resolution of their respective concerns than would be attained through 

independent action, and 

Noting the commitment of the U.S. antitrust agencies and the SIC to give careful 

consideration to each other’s important interests in the application of their competition 

laws, 

Have agreed as follows: 

ARTICLE I

PURPOSE AND DEFINITIONS

1. The purpose of this Agreement is to promote cooperation, including cooperation in the 

enforcement of competition laws, and to ensure that the U.S. antitrust agencies and 

the SIC give careful consideration to each other’s important interests in the application 

of their competition laws. 

2. For the purposes of this Agreement, the following terms shall have the following 

definitions: 

(a) “Anticompetitive practice(s)” means any conduct or transaction that may be subject 

to penalties or other relief under the competition laws enforced by the U.S. antitrust 

agencies or the SIC; 

(b) “Competition authority(ies)” means the U.S. antitrust agencies and the SIC; 
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(c) “Competition law(s)” means 

(i) For the SIC, Laws 155 of 1959, 256 of 1996, and 1340 of 2009; Decrees 2153 of 

1992 and 4886 of 2011, and specific legislation directly associated with these legal 

instruments, as well as any amendments thereto;

(ii) For the U.S. antitrust agencies, the Sherman Act (15 U.S.C. §§ 1-7), the Clayton 

Act (15 U.S.C. §§ 12-27), the Wilson Tariff Act (15 U.S.C. §§ 8-11), and the 

Federal Trade Commission Act (15 U.S.C. §§ 41-58), to the extent that it applies to 

unfair methods of competition, as well as any amendments thereto; and 

(d) “Enforcement activity(ies)” means any investigation or proceeding conducted by 

the U.S. antitrust agencies or the SIC in relation to the competition laws they 

enforce. 

ARTICLE II

ENFORCEMENT COOPERATION

1. The U.S. antitrust agencies and the SIC agree that it is in their common interest to 

cooperate in the detection of anticompetitive practices and the enforcement of their 

competition laws, and to share information that will facilitate the effective application of 

those laws and promote better understanding of each other’s competition enforcement 

policies and activities, to the extent compatible with their respective laws and important 

interests, and within their reasonably available resources. 

2. Nothing in this Agreement shall prevent the U.S. antitrust agencies or the SIC from 

seeking or providing assistance to one another pursuant to other agreements, treaties, 

arrangements, or practices applicable to them. 

ARTICLE III

COORDINATION WITH REGARD TO RELATED MATTERS

1. Where one of the U.S. antitrust agencies and the SIC are both pursuing enforcement 

activities with regard to related matters, they shall consider coordination of their 

enforcement activities.

2. In any coordination arrangement, each competition authority shall seek to conduct its

enforcement activities consistently with the enforcement objectives of the other 

competition authority.

ARTICLE IV

AVOIDANCE OF CONFLICTS; CONSULTATIONS

1. The U.S. antitrust agencies and the SIC shall, within the framework of their own laws 

and to the extent compatible with their important interests, give careful consideration to 

the other country’s competition authority’s important interests throughout all phases of 

their enforcement activities, including decisions regarding the initiation of an 

investigation or proceeding, the scope of an investigation or proceeding, and the 

nature of the remedies or penalties sought in each case. 
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2. A competition authority of either country may request consultations with its counterpart 

in the other country regarding any matter relating to this Agreement. The request for 

consultations shall indicate the reasons for the request and whether any procedural 

time limits or other constraints require that consultations be expedited. Each 

competition authority shall consult promptly when so requested, with a view to reaching 

a conclusion that is consistent with the purpose of this Agreement. 

ARTICLE V

TECHNICAL COOPERATION

The U.S. antitrust agencies and the SIC agree that it is in their common interest to work 

together on technical assistance initiatives related to competition law enforcement and 

policy. Subject to the competition authorities’ reasonably available resources, these 

initiatives may include such forms of technical cooperation as the competition authorities 

decide are appropriate for purposes of this Agreement. 

ARTICLE VI

MEETINGS OF COMPETITION AUTHORITIES

Officials of each country’s competition authorities shall meet periodically to exchange 

information with the other country’s competition authorities on their current enforcement 

efforts and priorities in relation to their competition laws. 

ARTICLE VII

CONFIDENTIALITY

1. Notwithstanding any other provision of this Agreement, no country’s competition 

authority is required to communicate information to the other country’s competition 

authority or authorities if such communication is prohibited by the laws of the country of 

the competition authority possessing the information or if that country deems that it 

would be incompatible with that country’s important interests. 

2. Insofar as information is communicated between competition authorities under this 

Agreement, the recipient shall, to the extent consistent with any applicable domestic 

laws, maintain the confidentiality of any such information communicated to it in 

confidence. Each competition authority shall oppose, to the fullest extent possible 

consistent with applicable domestic laws, any application by a third party for disclosure 

of such confidential information. 

ARTICLE VIII

EXISTING LAWS

Nothing in this Agreement shall require a competition authority to take any action, or to 

refrain from acting, in a manner that is inconsistent with the existing laws it enforces, or 

require any change in the laws it enforces. 

ARTICLE IX

COMMUNICATIONS UNDER THIS AGREEMENT

Communications under this Agreement may be carried out by direct communication 

between the competition authorities of each country. 
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ARTICLE X

ENTRY INTO FORCE AND TERMINATION

1. This Agreement shall enter into force upon signature.

2. This Agreement shall remain in force for an indefinite period of time, unless one Party 

notifies the other Party in writing that it wishes to terminate the Agreement. In that 

case, the Agreement shall terminate 60 days after such written notice is given.

Signed at Washington, this ______ day of September, 2014, and at Montevideo, this 

______ day of September, 2014, in the English and Spanish languages, both texts being 

equally authentic. 

FOR THE UNITED STATES FOR THE UNITED STATES

 FEDERAL TRADE COMMISSION: DEPARTMENT OF JUSTICE:

FOR THE SUPERINTENDENCE OF

INDUSTRY AND COMMERCE OF COLOMBIA: