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Peru: INDECOPI approves guidelines for the calculation of notification thresholds and notification forms

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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.

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Author

Teresa Tovar leads the Antitrust and Competition, Compliance and TMT groups in the Firm's Lima office, where she has been partner since 2007. She is also currently a member of Baker McKenzie's Latin America Antitrust and Compliance Steering Committees.

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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