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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 is a partner in Baker McKenzie in Lima Peru. Her practice focuses on the area of antitrust and competition, consumer protection, advertising and promotions, and market access. She has worked with various pension funds and clients in the cosmetics, food and beverage, electronics manufacturing and commercial sectors, and advised transport infrastructure companies on free competition and access to essential facilities, especially in the airport industry. On regards with the application of regulatory framework on public transportation infrastructure and telecommunications, she's always there to give counsels and as well as on conducting data privacy projects. Aside from that, Ms. Tovar also works with national and foreign credit agencies on issues related to personal information protection.

Author

Crosbby is a senior associate and has more than nine years of experience in competition law, advertising and regulation, both in the private and public sectors, which allows having a holistic view of the difficulties of our clients. He has participated in the most important investigations and procedures in competition law in Peru. Different law firm rankings have highlighted his work in the field of competition law and telecommunications, due to his deep knowledge in the subjects. Crosbby also has knowledge in microeconomics, which allows him to have a multidisciplinary approach in competition law that is an advantage for our clients. He also has solid technical knowledge in the field of telecommunications. Crosbby is in charge of legal counselling in competition matters, advertising regulation, consumer protection, telecommunications and data protection. In the same way, he is in charge of the defense of our clients in different proceedings before INDECOPI and OSIPTEL.

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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