The precautionary measures imposed by the SIC were ignored

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The precautionary measures imposed by the SIC were ignored

The SIC decision came after Avianca accused Latam, its biggest competitor in the region, of promoting tickets at non-guaranteed times.

Consequently, Superindustria, in Order 94902 of September 1, 2023, ordered Latam to stop promoting and selling tickets to and from Bogotá during periods without slots; inform passengers who have already purchased their tickets for such flights that they are not permitted to sell them; and also reveal to them which flights they have rearranged.

The determination was appealed by Latam, who among other things alleged that the amount deposited by Avianca (as the plaintiff) for the possible damages that could be taken from the precautionary measures, was insufficient.

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In white money, the SIC asked Avianca for a bond of $ 180,000,000 for the potential effects caused by the measures to Latam, but the latter considered that this was a short amount in relation to the real economic impact that the decision will have.

The case was brought before the Superior Court of Bogotá, which concluded that “the first-degree judge did not do the rigorous study required for things like that, regarding the assumptions of the effectiveness and proportionality of the precautions that steps.”

In that sense, the Court decided to revoke Order 94902 on September 1, 2023, “except for paragraphs 1 and 6 of its operative part.”

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So far neither Latam nor Avianca have commented on the matter.