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In brief

Law No. 31112 (“Law“), which establishes the prior control of corporate concentration operations and a regime of prior approval by INDECOPI of certain acts of corporate concentration, will enter into force on 14 June 2021 .


For the purposes of proper application of the Law, INDECOPI has published the following documents:

  • Guidelines for the Calculation of Notification Thresholds: The Law has determined the thresholds that the acts of business concentration must meet in order to be subject to the aforementioned regime. The purpose of these guidelines is to detail the elements that must be considered by economic operators and the authority when calculating the notification thresholds.
  • Standard Notification Form and Simplified Notification Form: The Law establishes two notification regimes for acts of concentration: Ordinary Notification and Simplified Notification. Their use of which depends on the characteristics of the transaction. The purpose of the forms is to order and specify the information that must be provided to INDECOPI in order to request prior authorization.

You can find the documents in the following links:

We trust that this information is relevant to you and your company. If you need to delve into the subject, please contact us.

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

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.

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.

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