BOGOTA – Bloomberg Linea learned this for the first time The civil aviation company has made the decision to agree to the integration between Avianca and Viva Air, but with conditions.
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The decision, which this air authority will announce in the next few hours, comes after Aerocivil Evaluate this process again according to the criteria of the free competition system.
This is because when he first conducted the analysis and concluded the objection to the coalition, he was limited to administrative litigation law. Therefore, a procedural error was declared and everything that had been done so far became null and void.
This new decision for civil aeronautics will be announced in the midst of an investigation by the Industry and Commerce Supervisory Authority of Avianca and Viva Air for It allegedly merged without the prior permission of the civil aviation company.
What this watchdog said was that the acquisition of the economic rights of Viva Air and Viva Peru, by Investment Vehicle 1 Limited, the controller of Avianca, It would have been enough to form a business integration or, at least, the beginning of the implementation of business integration between the aforementioned airlines.
Since the operation in question was not notified or authorized prior to its implementation by the competent authority, airlines that allegedly engage in practices that restrict free competition, Therefore, they can be penalized up to 100,000 current statutory minimum wages, up to 20% of their operating income or up to 20% of their assets.
It is worth noting that in April last year, the majority shareholders of both companies jointly announced this Viva will become part of the same holding company as Avianca Group International Limited (Avianca Group). With the acquisition of 100% of Viva’s economic rights in Colombia and Peru, without implying that, the companies stated at the time that they had neither control nor management.
It was in August last year when Avianca and Viva Air asked to merge them before the civil airline, arguing The need for the airline low cost Remaining in the market for the benefit of the passengers and the jobs provided by the company, and because of the critical financial situation it was going through.
Later, last February, Viva Air ceased operations: on the 27th of that month, it immediately suspended operations, Which affected hundreds of users in Colombia and abroad who took scheduled flights.
After that, the transport regulator took control of the low-cost airline, Which means that Viva Air is prohibited from undertaking the sale of goods, amending regulations, among other things, without the prior permission of this entity. Midway through the process, it’s applying to integrate with Avianca.
“This procedure of providing control, in addition to containing a series of instructions and orders, means that if the entity, in this case the company being controlled, Fast Colombia (Viva), does not comply with the instructions given, we go there to carry out the removal of the responsible and legal representative and/or the board of directors,” reported the transfer supervisor, Aida Lucy Ospina.
in addition toThe Ministry of Transport has filed a complaint of gross fraud with the Office of the Attorney General of the Republic In a collective form and a deceptive offer of products and services, to the managers of the low-cost airline Viva Air.
Reason: that the company, knowing that it would cease its operations immediately as it had already happened, Keep selling tickets.
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