Resolution 2103 of January 27, 2021, of the Superintendence of Industry and Commerce (“SIC”) sets the fees for merger control procedures that will apply during 2021:

1. For short-form notifications, the fee is COP$2,620,000 (approximately US$710 / €620).
2. For transactions that must be informed through a pre-assessment request (or “full filing”), the fee varies depending on the stage of the procedure and the operating income and total assets of the parties:
   
   1. The fee for the initial filing of the pre-assessment request, is COP$14,200,000 (approximately US$3,850 / €3,350).
   2. If the SIC decides to move the procedure to Phase II, the fee is:
   1. $37,380,000 (approximately US$10,100 / €8,900) if the parties’ operating income or total assets for the fiscal year immediately preceding the transaction, individually or jointly, exceed three times the threshold set by the SIC for 2021[1]; this is, if they are equal to or in excess of COP$182,696,400,000 (approximately US$49.5 million / €43.3 million).
   2. $31,770,000 (approximately US$8,600 / €7,500) if the parties’ operating income or total assets for the fiscal year immediately preceding the transaction, individually or jointly, exceed two times the threshold set by the SIC for 2021; this is, if they are equal to or in excess of COP$121,797,600,000 (approximately US$33 million / €28.9 million).
   3. $26,160,000 (approximately US$7,000 / €6,200) if the parties’ operating income or total assets for the fiscal year immediately preceding the transaction, individually or jointly, exceed the threshold set by the SIC for 2021; this is, if they are equal to or in excess of COP$60,898,800,000 (approximately US$16.5 million / €14.4 million).

To determine the fee for Phase II, the lower value between the operating income and total assets will be considered.

The payment receipt must be annexed to the notification or pre-assessment request and submitted at the time of filing.