The Special Administrative Unit of Civil Aeronautics -Uaeac– it did not abide by the regulations and allowed other companies to intervene directly.
The Attorney General’s Office considered that the administrative procedure of business integration between the airlines Viva Air and Avianca made an interpretive error as it is not carried out under the framework of Law 1340 of 2009 but rather under the regulations of the Code of Administrative Procedure for Administrative Litigation -CPACA-.
That is, in the integration process, Aerocivil allowed companies as “Aerolíneas Argentinas SA, Colombia branch, Ultra Air SAS, Aerorepublica SA, Aerovías de Integración Regional SA and Jetsmart” intervene directly when they only had the right to participate by delivering information about the marriage of the airlines.
Law 1340 warns: “By means of which rules on the protection of competition are issued” and in which the participation of third parties is also regulated.
It surprises that the same Special Administrative Unit of Civil Aeronautics -Uaeac- fall into the mistake when it recognized in the issuance of resolution 79 of January 18, 2023 “that everything that has been done since August 2022 would be without effect, if Law 1340 was not applied”
It was like, without complying with the regulations, the Uaeac endorsed the intervention of third parties as participants, but not as contributors of information regarding the integration of Viva Air and Avianca.
For that reason, The control entity files an appeal for reversal and in subsidy appeal with the purpose that the Aerocivil adapts the procedure to the special standard, without this implying further delays.