The so-called doctrina probable is a rule on the use of case law which was first established through Law 169 of 1896 and thus enjoys a long tradition in the Colombian domestic legal system. Article 24 of Law 1340 of 2009 recently introduced the aforementioned institution in Colombian antitrust law. This article’s aim is to show why the content of the provision in question admits criticism both from a practical and a theoretical standpoint.