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In brief

The Law that establishes the new merger control regime, which regulates the prior control of business concentration operations, will enter into force as of 14 June 2021.


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As per our last Client Alert, on 7 January 2021, the draft merger control law (“Law N° 31112“) was approved and published, and replaced the Emergency Decree. This Law established the new pre-merger control regime. It set forth that it would enter into force fifteen (15) calendar days from the date of adaptation of the National Institute for the Defense of Competition and the Protection of Intellectual Property – Indecopi’s Regulations of Organization and Functions (ROF), to the provisions of said Law.

Background

On 27 and 30 May 2021, the modifications to the First and Second Sections of the ROF were approved by Indecopi, which aims to adapt the organization, organic structure and functions of Indecopi to the provisions of Law No. 31112.

You can find the full text in Spanish of Indecopi’s regulations in these links: 1 y 2.

Click here to access the Spanish version.

Author

Teresa Tovar regularly sponsors companies in proceedings before INDECOPI in matters of free competition, consumer protection, unfair competition and the elimination of bureaucratic barriers. She is a representative of business associations before the National Council of Consumer Protection of INDECOPI. Teresa is recognized in competition law by diverse prestigious international publications such as Chambers & Partners, PLC Which Lawyer? and Who's Who Legal?

Author

Viviana is a senior associate and has extensive experience in competition law, with experience in advising companies on matters related with the application of the antitrust law, unfair competition law, and consumer protection law. Viviana has participated in several administrative procedures before the Free Competition Commission, the Unfair Competition Commission, the Consumer Protection Commission, and the Elimination of Bureaucratic Barriers Commission and before the Competition Court of the National Institute of Competition Defense and Protection of Industrial Property (INDECOPI). Viviana also has experience in data privacy matters, having advised several companies on their implementation to such legal framework.

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