The economic agent provided incomplete and untimely information and documentation required on February 26, 2021, in the framework of previous proceedings in the liquid fuels market nationwide.

The Superintendencia de Competencia (SC) made a first request for information to the company on February 26, 2021 and was notified on March 1 of the same year. It was requested to submit information related to its operation between 2015 and 2020, detailing data such as service stations that have operated under its brand: independent wholesale distributors, who bought fuels from them, installed storage capacity, among others.

The company ALBA Petróleos had a term of 15 working days after the notification to submit all the information, on march 22, 2021, deadline granted by the economic agent, the statement points out that ALBA Petróleo submitted incomplete information, therefore, it was granted two extensions of fifteen working days each; however, the company did not complete the documentation.  

According to the resolution of the Board of Directors, this is "a negligent attitude on the part of the requested company, since it not only failed to comply with its duty to collaborate, but also omitted evidence of the obstacles that had prevented it from complying with its obligation, in spite of having been granted three deadlines: the original or initial one and two extensions".

The agent points out that if ALBA Petróleos delivered 95% of the required information, the remaining 5% that is pending to be submitted is information that is considered necessary to finalize the analysis of the invoicing of liquid fuels by ALBA, and also to complete the analysis of the liquid fuels market at a national level.

The Superintendence informed that the infraction committed by ALBA Petróleos is contemplated in article 38, paragraph 6° of the LC which establishes that the Superintendencia de la Competencia (SCn) is empowered to impose fines of up to ten urban monthly minimum wages of the industry for each day of delay that deliberately or negligently do not provide the required collaboration or do it incompletely.

The Sala de lo Constitucional (SC) has already ruled on the lack of collaboration of economic agents, according to the judgment of the amparo process reference 16-2009, issued on july 13, 2011 by the SCn.

"The refusal of the economic agent or subject to whom the information is requested or the presentation of the required information without complying with the terms formulated represent an obstruction to the performance of the work of the Superintendencia de Competencia (SC) and with them to the principles on which the economic public order of the country is inspired from the provisions of Article 110 of the Constitution".