Inconstitucionalidad multas

The Constitutional Court, by means of Decision C-080 of 2023, resolved an unconstitutionality suit against the articles of Law 2195 of 2022 that modified the fines for the violation of competition protection provisions and other the leniency regulations contained in Law 1340 of 2009.


The Court decided that such articles were not subject to the applicable debate procedure in Congress, and therefore they must be excluded from Colombian law and therefore should not be applied. As a consequence, the fines that previously applied were reinstated, i.e., articles 25 and 26 of Law 1340 of 2009.


This means that the maximum fines that Law 2195 of 2022 allowed to impose that were of up to 20% of the operating income, or 20% of the value of the company’s equity, or 30% of the value of the state contract in case of bid rigging, or up to 300% of the profits derived from the conduct are no longer in force, and as a result the only applicable criteria  to calculate the maximum fine for companies are up to 100,000 current legal monthly minimum wages or 150% of the profits derived from the conduct and, for individuals, up to 2,000 current legal monthly minimum wages.

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