A Popular Action was carried out to Coljuegos, regulator of the industry due to the collections directed to the operators belonging to the same industry, who claim that the collection was not generated correctly since the market does not meet the need of the Machines to reach a point of balance with what proposed the entity Coljuegos
In response to the summons made by the Judge-Rapporteur of the First Chamber of Decision of the Administrative Court of Antioquia, within the framework of the Popular Action filed with No. 05001233300020150125100 that CONNAZAR1 (READ SO Cornazar National Consortium of Luck and Chance Games Dealers it talks about Colombian Gambling Industry) promoted against COLJUEGOS for the alleged violation or endangerment of the collective right to Free Economic Competition by means of the implementation of the System of Online Connection of machines and the application of the new tariff of exploitation rights, we went very early, being the 9 am, the indicated time, before starting the hearing, the Magistrate asks for the identification of the Proxy of the Parties and the Expert with all his interdisciplinary team, with the surprise that the Lawyer who claimed to represent COLJUEGOS as defendant, did not join Power and, of course, that it was not already recognized within the process since it had not been the initial proxy of the entity, for this reason, in strict application of the rules governing the application in this class of processes, the Magistrate did not allow the Intervention of said professional of the right, although it granted to him to remain inside the room making passive presence.
However, since the hearing had been summoned well in advance (October 19, 2016) and all parties had had the same opportunity to analyze the opinion and prepare to contradict it within the hearing, the Judge initiated it In which we could only intervene the Lawyers of the complainant (CONNAZAR), the Adjuvants (several companies of the sector that were recognized in the process) and the Expert with all its interdisciplinary team, as well as the Public Ministry and the Representative of the Superintendence of Industry and Commerce (who were not present).
It is noteworthy that the Expert and his advisory team, with all the professionalism and simplicity, gave clarity to the Magistrate and the Audience about the most important and complex aspects of the evaluation carried out over about 7 months (April to October of 2016), these aspects being as follows:
1) the improvisation of COLJUEGOS and lack of planning in the design and implementation of the System of Connection of Machines for its control in line;
2) lack of computer security in the transmission and transmission of information that on one side endangers the State and the companies that generate the information, and on the other hand, inaccuracy in the reading of said information when calculating the amount of exploitation rights;
3) putting financial risk in terms of business sustainability and profitability by bringing the concessionaires to high indebtedness in the short term for the implementation and replacement of machines, without considering the financial reality, assets and, above all, the Rate of return based on an activity that supports tax surcharges,
4) the artificial way as it has been decided to perform the calculation of exploitation rights based on a series of algorithms and factors that do not come from an online connection system in real time but from fictions and assumptions that the same entity manufactured without That is understood financially or technically from where they left, which is evidenced in the famous booklet of settlement of exploitation rights MET, which has published the same COLJUEGOS and that today "illuminates" the way the regulatory entity arrives each month to issue The so-called "suggested settlements", based on which the Machine Operators are making their payments throughout the country (READ SO Coljuegos. REPORT OF THE GUIDANCE NEW OPERATOR PORTAL COLLECTIONS)
"The inexplicable elimination of 3 significant events that are obligatory according to the same regulation of the entity, which affects precisely the liquidation against the operators"
In addition, they explained the problems of connection and availability of the system.
After the explanation and some questions of the attorneys of the plaintiffs and interveners, and of the same Magistrate, this one terminates the hearing and the probationary stage, being transferred to the parties by five (5) to present arguments of conclusion, for later Pass the file to Dispatch to dictate sentence which must be in 20 days. It is noteworthy that today's hearing ended the opportunity that COLJUEGOS had as defendant to carry out a technical defense, either with the presentation or request of another expert, or objecting to the one that was presented or asking for extension or clarification, therefore already Cannot do any of these actions, but must settle for claiming against what is expressed there.
The situation or expectation does not change soon in the face of the sentence, simply the tests initially admitted, including the expert report that was presented today, are the support that will have the Administrative Court of Antioquia to issue a sentence in law, which we hope Which is favorable to the claims of the Claimant and the interveners since the same Technical Report of the Expert gives the reason with sufficiency and sufficient scientific and documentary support.


