“In 2012, the CS detected competition problems in key markets such as in the rice and sugar agro-industries and in the telephony sector. In 2013, the Salvadoran competition authority will follow up pending cases, issued recommendations, and initiated sector studies like the one on air transport for passengers”, asserted the Competition Superintendent, Francisco Diaz Rodriguez.

Press Release C. 30-12

El Salvador, December 12th, 2012.

CS reported 2012 results

Commemorating the International Day of Competition, the Competition Superintendence (CS) reported today its 2012 main results. Amongst the most significant, the CS detected and sanctioned the abuse of dominance of a sugar distributor, issued important recommendations to improve the competition conditions in the rice agro-industry, and carried out its first campaign to sensitize the general population on competition. Furthermore, the CS reviewed four acquisition authorization requests, amongst them, the one filed by PUMA to purchase ESSO and the one filed by CLARO to buy DIGICEL.

The CS made a balance of its work during 2012, making public its main activities to protect and promote competition executed in the current year.

The Competition Superintendent, Francisco Diaz Rodriguez, highlighted that during the present year the CS carried out its first campaign to sensitize the general population on competition, which has helped to increase the people´s knowledge with respect to the authority´s work and regarding anticompetitive practices forbidden by the Salvadoran Competition Law (CL).

Nonetheless, there was an incident to regret: the fire occurred on October which partially destroyed the CS´ offices and that has meant an additional effort to carry out the reconstruction activities without interrupting the authority´s enforcement and competition advocacy activities.

The most significant protection and promotion activities executed during 2012 are the following:

Cases and fines

The CS concluded three preliminary investigations related public procurement processes of goods and services called by the Salvadoran Corporation of Tourism (CORSATUR, its acronym in Spanish), the

Health Ministry (MINSAL, its acronym in Spanish), and the National Administration of Aqueducts and Sewers (ANDA, its acronym in Spanish).

Moreover, the CS worked in ten administrative sanctioning procedures for the commitment of anticompetitive practices. In one of said procedures the competition authority sanctioned the company DIZUCAR, S. A. de C. V. (hereinafter, DIZUCAR), with a fine amounting US$1,096,750.00 for abuse of dominance. The aforementioned sugar distributor created entry obstacles to new competitors and to the expansion of the existing ones, by limiting the sale of bulk processed sugar and by establishing different prices, discriminating other wholesale sugar distributors, as well as potential packers, putting them in disadvantage.

Two administrative sanctioning procedures for the alleged commitment of anticompetitive practices are currently being processed: one against four international hotel chains for an alleged price fixing in catering services for events; and the other one related alleged bid rigging in a public procurement process to hire services to rent tow trucks, called by ANDA.

In the remaining seven cases, the CS dismissed the complaints due to formal flaws and because the conducts denounced did not pertain to Competition Law.

In addition, four sanctioning procedures were begun for lack of collaboration. Ones was initiated in the liquid petroleum gas in which the company Total El Salvador, S. A. de C. V. was imposed a fine totaling US$69,314.60 for not supplying the information requested in the established term. The other three procedures were opened against the Salvadoran Association of Airline Representatives (ASLA, its acronym in Spanish) and Delta Airlines, Inc., for supplying, when the term had concluded, information for the study on the competition conditions of air transport for passengers; and against DIZUCAR, for supplying inexact information during the administrative sanctioning procedure in which said company was sanctioned afterwards for abuse of dominance.

Totalizing, during 2012, the CS imposed 5 fines: 1 for the commitment of anticompetitive practices and 4 for lack of collaboration, amounting US$1,288,615.45, yet only US$89.867.70 have been paid.

Mergers and acquisitions

The CS received 15 merger/acquisition authorization requests: 10 were dismissed, and 1 filed by Wallmart and Calleja was desisted. The remaining four were fully reviewed, with the following results:

1) AMNET and Telefonica Multiservicios (telephony sector): Authorized with ex-post remedies (to be complied with after the acquisition had been authorized);

2) Seguros Suramericana and Asesuisa (insurance sector): Authorized with ex-post remedies;3) PUMA and ESSO (liquid fuel sector): Authorized with ex-ante remedies (to be complied with in order for the

acquisition to be authorized by the CS); and4) CLARO y DIGICEL (telephony sector): Denied. The CS considered that this acquisition might create adverse

effects to competition dynamics and to consumer welfare in land and mobile telephony markets. This has been the first merger/acquisition authorization request dined by the CS.

Sector studies on competition conditions

Pursuant to a petition from the Ministry of Agriculture and Livestock, the CS up dated the 2008/2009 study on the competition conditions of the rice agro-industry with information until July 2012. Likewise, two sector studies are currently in process: one on the competition conditions of the market of air transport for passengers and the other on the competition conditions in the agro-industry of edible lards in the country. Amongst the studies on competition conditions to be carried out in 2013 figure the following: maritime ports services, supermarkets, and, corn and beans, this last one to the executed jointly with the Consumer Protection Authority.

Opinions

The CS issued 15 opinions: 5 with respect to drafts of laws and regulations and 5 regarding to public procurement processes. The Salvadoran competition authority issued opinions on the following legal instruments:

- Draft of legal framework favoring competition;- Technical regulation regarding credit card system; - Regulations with respect to credit card system;- Central American Technical Regulation - Fertilizers and Agricultural Use Amendments. Registry

Requirements; and,- Open Skies Multilateral Agreement for Civil Aviation Member States.

With respect to public procurement processes, the CS issued the following opinions:

- Public procurement process documents prepared by CAESS (electricity distributor) for long term contract (CLP, its acronym in Spanish) 001-2012 for the supply of 82.00MW and its associated energy;

- Technical specifications in order to contract directly “Pharmaceuticals Supply”, Ministry of Health, 2012;- Possible renewal of the contract between Empresa Salvadoreña Portuaria de Acajutla S.A de C.V.;

(ESPAC, its acronym in Spanish) and the Executive Port Autonomous Commission (CEPA, its acronym in Spanish);

- Public procurement process to contract risk rating services called by the Housing Social Fund and its securities issues; and,

- International public procurement process documents prepared by DELSUR, CLP-001-2012.

Other Competition Advocacy and Communications Activities

Coordination and Co-operation Agreements. The CS signed three agreements in 2012 with the following institutions: the first with the National Association for the Protection of the Consumers´ Rights of El Salvador (APCES, its acronym in Spanish) with the Ministry of Health; and, with the Secretariat of Legislative and Legal Affairs of the Presidency of the Republic. Through this last agreement the CS aims to previously analyze, from the competition perspective, the drafts of laws or regulations in process of approval or amendment.

Training on Competition. With the support of the Judicial National Council, the CS trained approximately 35 Civil and Commercial Judges, as well as legal assistants of the Administrative Contentious Tribunal of the Supreme Court of Justice, through special training courses in Competition Law given by the CS´ personnel.

Participation in the SNPC. In 2012 the CS appointed one of its officials as liaison in the Consumer Protection National System (SNPC, its acronym in Spanish) where the CS actively participates. The aforementioned system has become a mechanism to discuss, within technical committees, as the topic may be, public policy recommendations result of the CS´ sector studies and competition cases. With respect to the milk and cheese sectors, the Health and Pharmaceuticals Committee of the SNPC presented the amendment drafts to the institutions responsible for the enforcement of the Law and its Regulations for the Development of the Hygienic Production of Milk and Dairy Products and the Directives for their Sale and of the Health Code.

2012 Competition Week. Annually, the CS celebrates the Competition Week during which said institution makes public its most relevant results.

The events carried out during the above cited week included an event for the discussion for the topic “Enforcement of Competition Laws in Small Economies” with the participation of Lilliam Carsana, juris doctor; Roberto Rivera Campos, Economist; and, Sandra Barraza, Economista, as commenters. The challenges of the CS in the enforcement of the Competition Law under the Salvadoran market´s competition conditions were addressed. Furthermore, the book “Competition Superintendence Jurisprudence Synthesis: Anticompetitive Practices, Mergers and Acquisitions, and other Proceedings” was launched.

A session was dedicated to public procurement head officers. The Competition and Public Provurement Toolkit, jointly prepared by the CS and the Public Administration Procurement Unit of the Ministry of Finance (UNAC, its acronym in Spanish) was launched. This toolkit seeks to promote competition in public procurement procedures. Said publication is also part of CS Editions (Ediciones CS in Spanish), an institutional collection.

During the aforementioned week, the CS and the National Association for the Protection of Consumers Rights of El Salvador (hereinafter, APCES, its acronym in El Salvador) signed a cooperation agreement. Afterwards, Mr. Erick Ulate, President of Consumers from Costa Rica, dictated a lecture on “The Importance of Competition for the Consumer”, as a result for his experience in this field. At the end of the Week, the CS made public its

competition studies of the rice and sugar agro-industries. Economic agents, sugar and rice producers and distributors, law firms, amongst others, had an opportunity to comment or make suggestions to the information detailed in said session.

Accountability and Transparency. For a second consecutive year in July 2012, the CS publicly rendered accounts regarding its work from June 2011 until May 2012. The CS explained its most relevant cases and studies, as well its main achievements. Regarding transparency, in compliance with the Access to Public Information Law (LAIP, its acronym in Spanish), the CS has executed all the actions pursuant to the guidelines issued by the Transparency and Anticorruption Secretariat, in order to enforce said law. The competition authority appointed the Information Official responsible for the attention of information requests and permanently updates its Transparency Site with the required information.

Furthermore, seeking to make public its work to the population, the CS has communicated its institutional activities in its web site, massive e-mails, and through its participation in fairs, and massive communication events. The involvement of the competition authority in social networks like Twitter has increased more than 600%, with more than two thousand fans and followers, respectively. Educational campaign on competition. The CS carried out its first campaign to sensitize the general population on competition in the country with the purpose to position itself as the institution responsible for the promotion, protection, and guarantee of competition and to educate the Salvadoran population on anticompetitive practices forbidden by the CL, as well as on the harm these conducts cause to the consumer and our economy. The aforementioned campaign lasted four months (from June until September 2012) in massive media such as: TV, radio, written and digital press, specialized magazines, bill boards, movie theaters, and social networks.

Central American and International Activity

The Central American Working Group on Competition Policy has prepared the documents for the adoption of a regional competition legal framework and the agency responsible for its enforcement. For said purposes, the CS is the executive unit of the Interamerican Development Bank´s financial cooperation. During 2012, the Group carried out various activities and is currently in the critical route for the adoption of a Regional Competition Policy and has contracted a consultancy to determine the basic elements to combat anticompetitive practices that affect two or more Central American jurisdictions. The CS participated in the OECD´s Competition Global Forum, in the Central American Competition Forum, and in the Latin American and Ibero American Competition Forums. One of the main topics of the last mentioned forum was “Competition and the Reduction of Poverty”. In addition, in the Latin American Forum El Salvador´s Peer Review was revised; its results will be made public next year. The CS also participated in the ICN Cartel Workshop which took place in Panama City.

Summary table of the CS´ 2012 main activities

2012 ADMINISTRATIVE SANCTIONING PROCEDURES

Preliminary investigations

Concluded: 3

Public procurement processes of goods and services called by the Salvadoran Corporation of Tourism, the Health Ministry, and the National Administration of Aqueducts and Sewers.

In process: 2

Wheat flour and liquid petroleum gas markets.

Administrative sanctioning procedures for commitment of anticompetitive practices

Concluded:1

Case of abuse of dominance committed by DIZUCAR.

In process: 2

Alleged price fixing amongst four international hotel chains and alleged bid rigging in a public procurement process called by ANDA.

Inadmissible: 7

Dismissed complaints due to formal flaws and because the conducts denounced did not pertain to Competition Law.

Sanctioning procedures for lack of collaboration

4 sanctions - TOTAL El Salvador: for not supplying the information requested in the established term in a preliminary investigation..

- Salvadoran Association of Airline Representatives (ASLA, its acronym in Spanish) and DELTA Airlines, Inc., for supplying, when the term had concluded, information for the study on the competition conditions of air transport for passengers.

- DIZUCAR, S. A. de C. V., for supplying inexact information during the administrative sanctioning procedure in which said company was sanctioned afterwards for abuse of dominance.

Fines imposed 5 fines Totalizing 5 fines were imposed: 1 for the commitment of anticompetitive practices and 4 for lack of collaboration, amounting US$ 1,288,615.45, yet only US$89.867.70 have been paid.

MERGERS AND ACQUISITIONS

Authorized with remedies

3 AMNET to purchase TELEFONICA MULTISERVICIOS; SEGUROS SURAMERICANA to acquire ASESUISA; andPUMA to buy ESSO.

Denied 1 CLARO to purchase DIGICEL.

Dismissed 10 - Operadora del Sur (WALMART) and EUROPA;- Consultoría, Servicios and Capacitación and Consultoría, and

Desarrollo Empresarial;- CARFLO, PASARI, ARI VAN H, and TRANSMASCO;- DAVIVIENDA – HSBC;- UNOPETROL- INVERSIONES PETROLERAS; - SYSBANC and CITI VALORES;- MILLICOM, NEWCOM and others;- KRAFT FOODS and CADBURY ADAMS; - INTERCARGO and SANDPIPER; and, - RAF, INVERSIONES and ASESORIA, and PROMEX.

Desisted 1 - CALLEJA to purchase EUROPA.

SECTOR STUDIES ON COMPETITION CONDITIONS

Concluded 1 Update of the 2008/2009 study on the competition conditions of the rice agro-industry with information until July 2012.

In process 2 - Air transport for passengers and- Edible lards.

To be carried out in 2013

3 - Corn and beans (executed jointly with the Consumer Protection Authority);

- Maritime port services; and, - Supermarkets.

OPINIONS

Opinions to drafts of laws and regulations

5 - Draft of legal framework favoring competition;- Technical regulation regarding credit card system; - Regulations with respect to credit card system;- Central American Technical Regulation - Fertilizers and Agricultural Use

Amendments. Registry Requirements; and,- Open Skies Multilateral Agreement for Civil Aviation Member States.

Opinions to public procurement processes

5 - Public procurement process documents prepared by CAESS (electricity distributor) for long term contract (CLP, its acronym in Spanish) 001-2012 for the supply of 82.00MW and its associated energy;

- Technical specifications in order to contract directly “Pharmaceuticals Supply”, Ministry of Health, 2012;

- Possible renewal of the contract between Empresa Salvadoreña Portuaria de Acajutla S.A de C.V.; (ESPAC, its acronym in Spanish) and the Executive Port Autonomous Commission (CEPA, its acronym in Spanish);

- Public procurement process to contract risk rating services called by the Housing Social Fund and its securities issues; and,

- International public procurement process documents prepared by DELSUR, CLP-001-2012.