Page 3 - Bulletin No. 23 - Free Competition

BULLETIN
Free Competition 3 / PRESENT
PANAMA
Sanction to Refinería Panamá, S. de R.L.

Background: By ruling of April 3rd, 2019, the Third Superior Court of
Justice of the First Judicial District of Panama, decided on
In 2009, ACODECO filed a complaint against Refinería the appeal presented by REFPAN, confirming in all its
Panamá, S. de RL (here in after REFPAN) in formal court for parts the sentence issued by the first instance. In
the alleged commission of an illegal monopolistic practice accordance with this decision, once said ruling was
within the market service for the disposal of liquid fossil executed, it was up to ACODECO, to impose
fuels (light and improved diesel, and 91 and 95 octane administrative sanctions for relative monopolistic
gasoline) at the cargo terminal of the former Panama practices in accordance with the provisions of the law.
Refinery, Las Minas Bay in the province of Colon, in
controversy of Law 45 of October 31st, 2007. Administrative Sanction:

By judgment No. 107-15 of December 15th, 2015, the The National Direction of Free Competition by Resolution
Ninth Civil Circuit Court of the First Judicial Circuit of No. DNLC-HCE-012-19 of June 27th, 2019, impose a
Panama, decreed in the first instance the restrictive and penalty fee for the sum of TWO HUNDRED FIFTY
illegal nature of the demanded practice, in the relevant THOUSAND DOLLARS ($250,000.00), to the economic
market described as “the service of dispatch of liquid fossil agent REFPAN, for incurring in relative monopolistic
fuels (91 and 95 octane gasoline and light and improved practices illicit, according to the provisions of acticle 16
diesel) to tank trucks of wholesale companies in the numeral 9 of Law 45 of October 31, 2007. An appeal
Republic of Panama”, the action, considered illegal, against the Penalty Resolution, was filed by the company,
consisted in the quotas or shifts for the dispatch of these submitting the decision to the General Administrator of
fuels just in the combined rack, based on the participation ACODECO, who through Resolution A-DNLC -1862-19 of
of the market of each distribution company (wholesaler) December 2, 2019, cofirmed the application of the
that commercialized the product nationally; behaviour penalty fee.
that was used to unreasonably establish exclusive
advantages that affected at least one economic agent Once the government channel was exhausted, the
participating in this market, thus violating article 16 company proceeded to pay the amount of the sanction.
numeral 9 of Law 45 of 2007, in response to the unilateral
act that the defendant REFPAN exercised.