Key Points:
On May 8, 2025, the Superintendency of Economic Competition (“SCE”) issued Exhort No. SCE-2025-1 in response to the health alert declared by the National Emergency Operations Committee (COE). This decision was prompted by the mandatory use of face masks in educational institutions, the shortage of these products, rising prices, and concerns expressed by various authorities. These conditions raised the SCE’s attention regarding potential anticompetitive practices.
Observed Conduct:
The SCE notes that certain behaviors have been reported which may constitute anticompetitive practices:
- Significant shortage of face masks in pharmacies, supermarkets, and retail stores.
- Excessive price increases reported by the media and verified during inspection operations.
- Product sales limitations by distributors due to excessive demand.
- Alleged speculative practices that have led to product seizures by regulatory authorities.
Content of the Exhort:
The SCE urges economic operators involved in the commercialization of medical supplies (such as face masks, hand sanitizer, and medications) to:
- Refrain from engaging in anticompetitive behavior, such as abuse of market power or prohibited practices like exploitative price fixing.
- Avoid unjustified increases in profit margins or any strategy that may distort the market during a critical health situation.
This reflects the SCE’s concern regarding the significant price increases of these types of products.
The SCE also encourages consumers and public institutions to report any observed restrictive practices within the supply chain.
Legal Effects:
This exhort does not initiate an investigation or impose sanctions by the Authority, but serves as a formal warning regarding possible violations of free competition regulations.the Official Register.
For additional information, please contact us at the following email addresses:
María Rosa Fabara: mrfabara@bustamantefabara.com
José Rafael Bustamante C.: jrbc@bustamantefabara.com
Diego Ramírez: dramirez@bustamantefabara.com
Daniel Castelo: dcastelo@bustamantefabara.com
Kirina González: kirinag@bustamantefabara.com
Camila Sánchez: csanchez@bustamantefabara.com