CONSOLIDATED TEXT OF THE ACT ON REPRESSION OF ANTI-COMPETITIVE CONDUCTS IS APPROVED
On February 19, 2019, Executive Order 030-2019-PCM was published in El Peruano Official Gazette, which approves the Consolidated Text of the Act on Repression of Anti-Competitive Conducts (the “TUO”).
The TUO consolidates the amendments to Legislative Order 1034, Law of Repression of Anti-Competitive Conducts, which were made through the following regulations: (i) Legislative Order 1205, published on September 23, 2015; and (ii) Legislative Order 1396, published on September 7, 2018.
Additionally, the TUO incorporates the following sections into the legal provision:
– Section 26-A (Section 27 of the TUO), which establishes the possibility that agents investigated due to infringement of free competition regulations acknowledge the charges brought against them and the commission of one or more offenses contained in a bill of indictment is exempt from punishment;
– Section 26-B (Section 28 of the TUO), which entitles the Technical Secretary’s Office of the Free Competition Defense Commission of the National Institute for the Defense of Free Competition and Intellectual Property (INDECOPI) to grant rewards to those that provide conclusive information to detect, investigate and penalize offenses subject to absolute prohibition; and,
– Section 30-A (Section 33 of the TUO), which establishes the exceptional assumptions of suspension of the terms applicable to each stage of the penalizing administrative procedure on matters of free competition.
For more information, please contact Verónica Sattler (vsattler@estudiorodrigo.com), Ítalo Carrano (icarrano@estudiorodrigo.com) and/or Laura Zúñiga (lzuniga@estudiorodrigo.com).
