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The Superintendencia de Competencia (SC) has opened such proceedings against the five companies following indications of collusion in a tender issued by the Fondo de Conservación Vial (FOVIAL), a practice considered one of the most detrimental to the efficient use of public funds. Studies indicate that illicit agreements between bidders in public contracts can artificially inflate costs by up to 20%, directly impacting the interests of salvadorans.
The case stems from a notice issued by FOVIAL regarding tender LCO-042/2025, for right-of-way maintenance, with a budget of US$2,147,791.82. According to the SC, the companies INCOMA, TECANA International, Mantenimiento Vial, Conservación Vial and CONTECH allegedly coordinated the prices of their bids, a conduct prohibited by article 25 of the Competition Law.
The investigation is being conducted under the framework of the Ley de Competencia and Ley de Procedimientos Administrativos (LPA), which guarantees stages such as the presentation of evidence, defense, and a final hearing. The final decision will be made by the Board of Directors of the SC, which will determine whether the anticompetitive practice occurred and, if confirmed, the corresponding sanction.
The construction sector—key to the salvadoran economy—registered a growth of 33.9% in the second quarter of 2025, the highest rate in the last four years. However, practices such as collusion can distort this growth, compromise the efficiency of public spending, and limit genuine competition among companies.
The SC reiterated its commitment to monitoring public procurement and urged companies to compete through innovation, quality, and fair prices, avoiding practices that harm the state budget and the country’s economic well-being.
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