[et_pb_section fb_built=”1″ theme_builder_area=”post_content” _builder_version=”4.27.6″ _module_preset=”default”][et_pb_row _builder_version=”4.27.6″ _module_preset=”default” theme_builder_area=”post_content” width=”100%” hover_enabled=”0″ sticky_enabled=”0″][et_pb_column _builder_version=”4.27.6″ _module_preset=”default” type=”4_4″ theme_builder_area=”post_content”][et_pb_text _builder_version=”4.27.6″ _module_preset=”default” theme_builder_area=”post_content” hover_enabled=”0″ sticky_enabled=”0″]Colombia\u2019s Constitutional Court established an important precedent regarding due process by ruling on a tutela action filed by the governing body of Colombian professional football (Dimayor) against the Superintendence of Industry and Commerce for failing to issue a substantive decision on evidence requested within the framework of an administrative investigation concerning anti-competitive practices, which ultimately resulted in sanctions against the organization, as well as several affiliated clubs and their presidents. <\/p>\n
According to the Court, administrative authorities are required to expressly, thoroughly, and substantively assess all evidence included in the record before issuing a final decision. The ruling emphasized that failing to analyze relevant evidentiary elements undermines the right to defense and affects the transparency of administrative proceedings. <\/p>\n
The decision sets an important standard for proceedings conducted before the Superintendence of Industry and Commerce, particularly in complex investigations where technical and expert evidence is decisive. Nevertheless, on May 6, 2026, the Superintendent of Industry and Commerce announced the filing of an action seeking the annulment of the judgment. Accordingly, the debate will remain open until the Constitutional Court issues a final decision on the matter. <\/p>\n
The judgment sets an important standard for cases handled by the Superintendence of Industry and Commerce, particularly in complex investigations where technical and expert evidence plays a central role. Through this decision, the Constitutional Court reinforced the obligation to provide sufficient reasoning and a comprehensive evaluation of evidence in administrative enforcement proceedings. [\/et_pb_text][\/et_pb_column][\/et_pb_row][\/et_pb_section]<\/p>\n","protected":false},"excerpt":{"rendered":"
Process by ruling on a tutela action filed by the governing body of Colombian professional football (Dimayor) against the Superintendence of Industry and Commerce<\/p>\n","protected":false},"author":5,"featured_media":4428092,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_et_pb_use_builder":"on","_et_pb_old_content":"","_et_gb_content_width":"","_monsterinsights_skip_tracking":false,"_monsterinsights_sitenote_active":false,"_monsterinsights_sitenote_note":"","_monsterinsights_sitenote_category":0,"footnotes":""},"categories":[54,59],"tags":[],"class_list":["post-4428088","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-competition-law","category-newsletter-en"],"yoast_head":"\n