There were errors in the Viva-Avianca integration procedure: PGN

The Attorney General’s Office alleged that the administrative procedure of corporate integration between the airlines Viva Air and Avianca made an error of interpretation by not being conducted under Law 1340 of 2009, but instead under the regulations of the Code of Administrative Procedure for Administrative Disputes.

In other words, in the integration process, Aerocivil allowed companies such as “Aerolíneas Argentinas SA Sucursal Colombia, Ultra Air SAS, Aerorepublica SA, Aerovías de Integración Regional SA and Jetsmart” to intervene directly when they only had the right to participate by information to provide on airline marriage.

Law 1340 warns: “providing standards relating to the protection of competition” and also regulating the participation of third parties.

In this sense, the PGN is surprised that the same Special Administrative Unit of Civil Aviation (UAEAC) errs when it acknowledged in the issuance of resolution 79 of January 18, 2023 that “everything done since August 2022 would remain without it”. effect if Law 1340 was not applied”.

“This is how the -UAEAC, without adhering to the regulations, approved the intervention of third parties as interveners but not as contributors to information about the integration of Viva Air and Avianca,” the attorney general explained.

For that reason, the control entity is filing an appeal for reconsideration and a subsidy appeal with the aim that Aerocivil adapts the procedure to the special standard without further delay.




Source: El heraldo

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