Recently, Indecopi published the Guidelines for the qualification and analysis of business concentration transactions (“The Guidelines”), with the purpose of guiding economic agents on (i) the general aspects that must be analyzed to determine whether a transaction qualifies as an act of concentration and (ii) the elements to be considered for the evaluation of transaction risks .
In such document, Indecopi explains when a business concentration transaction is subject to the Merger Control Law (“The Law”), and the methodology it applies to assess whether a business concentration transaction may affect or restrict competition.
In summary, the most important points of the published document are:
- It is specified that only business concentration operations carried out by independent economic agents that imply a transfer or change of control of an enterprise or part of it, with effects in the Peruvian market, are subject to the Law.
- It is recommended that, in case there are doubts about the qualification of the business concentration operation, Indecopi should be consulted through the prior consultation mechanism.
- The methodology used throughout the procedure to determine whether a merger control transaction should be authorized or denied for being likely to cause negative effects on competition is explained.
With this document, Indecopi seeks to provide guidance to economic agents regarding the qualification of certain transactions as merger control operations and the application of the merger control regime.
For more information, advice, or any questions on the subject, please contact:
Mario Pinatte | Socio CPB | mpinatte@cpb-abogados.com.pe
