Avianca and Viva maintain their operations in complete independence, compete as always and continue to wait for Aerocivil's decision to preserve jobs and connectivity in the country 

Bogotá, December 12, 2022. Avianca learned, through the media and by publication on the SIC's website, of the initiation of an investigation and the filing of charges with respect to the transaction involving the economic rights of Viva Colombia and Viva Perú.  Although the company has not been formally notified, it is emphatic in pointing out that: 

1. Avianca complies and has complied with all applicable merger control regulations, and that the transaction over the economic rights of Viva did not constitute a merger. Avianca and Viva continue to be fully independent airlines, competing vigorously in the market for the benefit of users. 
   
   
2. It considers, within the little knowledge it has of the case, that the arguments used by the SIC, promoted by other competing airlines, are erroneous and imprecise in both substance and form.  

   Avianca has provided the public and the respective authorities with all the information it is required to submit. At the time, in a timely manner, a legitimate request for integration with Viva was submitted to Aerocivil. 

   Likewise, Avianca has taken into account the concerns expressed by Aerocivil by presenting a broad, detailed and, above all, innovative offer of conditions. Pending the Aerocivil's definition, each company has maintained and continues to maintain full independence.  

3. The conduct of Avianca and its officers is fully supported by the applicable regulations, the precedents on the matter and the rules issued by the SIC itself to support the separation of businesses, which clearly indicate that the only relevant criterion to assess the independence of the parties is the absence of control and full independence. 
4. Avianca and Viva have never stopped competing and continue to compete vigorously, as they have done historically. To date, Avianca has no influence or control over Viva, and contrary to what is stated in the fragments of the SIC resolution to which the company has had access, the figures show the strong competition between the two airlines.  Proof of this is the market share that other low-cost airlines have steadily gained. In addition, it is worth remembering that Colombia's aviation market is one of the most competitive in the world, with 30 airlines operating in the country, 10 of them flying domestic routes. 
5. Avianca considers that the competing airlines that have promoted the opening of the investigation by the SIC have the clear purpose of hindering -for their own benefit and not for the benefit of Colombians- the outcome of this operation and are seeking to remove Viva from the market.