The following Competition guidance note Produced in partnership with Payet, Rey, Cauvi, Perez Abogados provides comprehensive and up to date legal information covering:
A conversation with Carlos A. Patrón, partner at Peruvian law firm Payet, Rey, Cauvi, Pérez Abogados, on key issues on merger control in Peru.
NOTE–to see whether notification thresholds in Peru and throughout the world are met, see Where to Notify.
On 2 May 2019 the Peruvian Congress passed a new mandatory and suspensory clearance regime (Merger Control Law, the MCL).
Previously, Peruvian legislation only imposed mandatory pre-notification and clearance requirements for vertical or horizontal concentrations occurring in the fields of electricity generation, transmission or distribution (Law No 26876, the Antitrust and Anti-oligopoly Law for the Electricity Sector, the AAL). The AAL will be abrogated once the MCL is in force.
There will be a one calendar year stay before the MCL takes legal effect. Concentrations occurring prior to then will not be subject to administrative authorisations, except for vertical or horizontal concentrations occurring in electricity market that will continue under the AAL, until the new MCL takes effect.
All merger review responsibilities will be consolidated into the remit of INDECOPI, Peru’s multi-purpose market overseer, which has already began planning for the new regime. The Competition Commission at INDECOPI, which already investigates
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