Fight for the Superintendence of Competition worsens after accusations of coercion

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Fight for the Superintendence of Competition worsens after accusations of coercion

A summons in Congress revealed the struggle for ownership in the Competition Superintendence, a position that remained vacant after the resignation of Jorge Miguel Castillo Castro last March, six months after taking office.

Superintendent Castillo explained yesterday before the Legislative Transparency Commission that the president of the Board of Directors of the Superintendence of Competition, Javier Enrique Bauer, pressured him to present his resignation from the position.

When the president of the commission, Cándido Leal, asked what the pressure was due to, Castillo responded: “perhaps because of everything that had happened over salaries.”

Last January, questions arose regarding the decision of the Superintendence of Competition to set salaries of Q75 thousand per month for each of the members of its Board of Directors, three members and their substitutes, as well as for the head of the entity.

The deputies questioned the president of the board, Javier Bauer Herbruger, about the accusation, who stated: “at no time did I make such a request to the superintendent (Castillo)” and added that the resignation letter “clearly indicates the resignation for personal reasons.”

At the end of the session, Castillo maintained the coercion. “I was, in some way, forced,” he told journalists who inquired about his revelation in the legislative work room. “When doing my analysis, I decided that it was best to present my resignation,” he added.

Asked about the possibility of filing any legal action, he indicated that he will consult with his lawyer.

Castillo’s resignation will be effective when a successor is chosen, a procedure that also sparks friction among some board members.

The first competition superintendent was selected from among the files of professionals who applied to Congress, the Monetary Board and the Executive Body, to join the Competition directory and who were not elected.

Some managers consider that Castillo’s successor should be chosen in the same way. However, this procedure is temporary in accordance with the Competition Law.

The criterion of other managers is that a process should be called to elect the new superintendent of competition.

The regulations do not indicate how to proceed in the event of resignation or the term of office of the new superintendent, whether he will complete the six-year period that Castillo began or whether he will start from scratch.

The Competition Superintendency is created from Decree 32-2024, Competition Law, approved by the Congress of the Republic in November 2024. The purpose of the institution is the promotion of the defense of free competition, as well as the prevention, investigation and sanction of anti-competitive practices.

The institution operates under the direction of a council that is made up of three regular members and their respective alternates, appointed by the President of the Republic in the Council of Ministers, the Congress and the Monetary Board.

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