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 the fee.
During 2020, SIC did not establish a filing fee. However, on January 27 of 2021, SIC issued Resolution 2103 by which the following merger control filing fees have been established:
- The filing fee applicable for notifications (mergers subject to report in which the parties combined market share in the relevant markets is below 20%):
COP$2.620.000 (about US$750).
- The Filing fee for the request for authorization (preevaluación – mergers subject to report in which the parties combined market share in the relevant markets exceeds 20%), has been set for each of the two phases of the review process, as follows:
- Filing fee for the review request (Phase 1) to determine whether the transaction raises competitive concerns:
COP$14.200.000 (about US$4.100)
- If SIC finds competitive concerns and deems a Phase 2 (in-depth analysis) necessary, the following rules establish the value of the fee:
- If the parties joint of 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:
COP$37.380.000 (about US$10.800)
- 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:
COP$31.770.000 (about US$9.200)
- 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:
COP$26.160.000 (about US$7.550)
The filing fee must be paid before filing and proof of payment should be attached to the documents and information submitted.
The value of the filing fee will automatically be updated each year, on January 1, using the mid-level income Consumer Prices Index as certified by DANE.
The following table summarizes the 2021 filing fees values:
