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Peru: Indecopi cleared 45 filings and rejected 1 in the first three years of its Antitrust Merger Control Regime

Perú - 

Garrigues and the Official Chamber of Commerce of Spain in Peru (COCEP) have published a new report analyzing the first three years of the merger control regime for business transactions in Peru.

Just over three years ago, on June 14, 2021, Law 31112 came into effect, definitively introducing an antitrust merger control regime in Peru, applicable across all sectors of the country's economic activities and markets. Previously, a similar control only existed for the electricity sector. This regime granted Indecopi the authority to review and approve the most significant mergers and acquisitions before their closing.

Since then, and until this past June, Indecopi received 61 filings for approval of business transactions, of which 43 were approved in the first phase, 2 were approved in a second phase of analysis, and 1 was rejected for the first time in this regime.

In this context, COCEP and Garrigues considered it timely to publish an updated their report on the Peruvian Merger Control Regime, including new developments in the regulations and presenting, in an executive and straightforward manner, the main results of its enforcement. The document also presents important statistics (decision timelines, approval, or rejection results, etc.) and a summary of the main legal and economic criteria issued by Indecopi in its caselaw.

 

You can download the document here.