2025 filing fee for merger control review fixed by the Superintendence of Industry and Commerce
Law 2010 de 2019 authorized a filing fee for merger review proceedings. The Superintendence of Industry and Commerce (“SIC”) was authorized to establish the value of said fee. The parties must pay the corresponding filing fee according to the type of procedure to be carried out, that is, if the integration requires prior control of Notification, Phase I Review request or Phase II Review request.
On January 24 of 2025, SIC issued Resolution 1111 by which the following merger control filing fees have been established for 2025:
- Notification. In the scenario of mergers subject to report in which the parties combined market share in the relevant markets is below 20%, the filing fee applicable is COP$3.596.000 (about US$850).
- Review request (preevaluación). In the scenario of mergers subject to report in which the parties combined market share in the relevant markets exceeds 20%, the Filing fee for the request for authorization has been set for each of the two phases of the review process, as follows:
- Phase I. This procedure involves the review request to determine whether the transaction raises competitive concerns. The Filing fee for this request is COP$19.491.650 (about US$4.660).
- Phase II. In cases where, during Phase I, the SIC determines that the transaction raises competitive concerns and deems it is necessary to initiate Phase II (in-depth analysis) necessary, the following rules establish the value of the fee:
- If the parties joining individual operational income or total assets, in the last tax year, were valued at 3 times or more the value of the merger review reporting thresholds, the filing fee will be COP$51.308.900 (about US$12.217)
- If the parties joint of individual operational income or total assets, in the last tax year, were valued between 2 and 3 times the value of the merger review reporting thresholds, the filing fee will be COP$43.608.650 (about US$10.422)
- If the parties joint of individual operational income or total assets, in the last tax year, were valued at less than 2 times the value of the merger review reporting thresholds, the filing fee will be COP$35.908.450 (about US$8.550)
The filing fee must be paid before filing and proof of payment should be attached to the documents and information submitted.
The following table summarizes the 2025 filing fees values:
| Type of filing | Fee | |
| Notification | COP$3.596.000 About US$850 | |
| Review request (Preevaluación) Phase 1 | COP$19.491.650 About US$4.660 | |
| Review request Phase 2 (in-depth analysis) | Operational income or total assets in the previous year above COP$245.167.198.294 (about US$58.400.000) | COP$51.308.900 About US$12.217 |
| Operational income or total assets in the previous year between COP$163.444.798.863 (about US$39.000.000) and COP$245.167.198.294 (about US$58.400.000) | COP$43.608.650 About US$10.422 | |
| Operational income or total assets in the previous year below COP$163.444.798.863 (about US$39.000.000) | COP$35.908.450 About US$8.550 | |
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Author: Andrea Garzón