Antitrust Alert – June 2020

The Guide to Programs for Compliance with Free Competition was adopted

Through Resolution No. 006-2020/CLC-INDECOPI, published on June 3, 2020 in the Official Gazette «El Peruano», the Commission for the Defense of Free Competition («CLC«) of INDECOPI has adopted the «Guide to Programs for Compliance with Free Competition Regulations» (the «Guide«).

The Guide has two objectives: (i) to generate incentives for companies to adopt and disseminate to their workers compliance policies of free competition regulations; and (ii) to provide guidelines to the CLC for the issuance of corrective measures consisting of the implementation of compliance programs for the training and elimination of risks of non-compliance with free competition regulations.

Without prejudice to the recognition that companies have the power to define the scope of the components that form part of their compliance programs, as well as the corresponding procedures and methodologies, according to their particular circumstances and characteristics, the Guide considers:

• As essential components of a model compliance program («Program«): (i) real commitment to comply by senior management; (ii) identification and management of current and potential risks; (iii) internal procedures and protocols; (iv) training for workers; (v) continuous updating and monitoring of the program; (vi) audits of the program; (vii) procedures for consultations and complaints; and (viii) appointment of a Compliance Officer or Committee.
• As complementary components that may strengthen the effectiveness of the Program: (i) the development of a free competition manual; (ii) the implementation of incentives for workers in the identification of risky or prohibited conduct and in the implementation of the compliance program; and (iii) the adoption of disciplinary measures following a predetermined, known and predictable internal process.
• Special provisions for the implementation of Programs in small and medium sized companies, depending on the particular needs and costs when the company’s organization is smaller and more complex.

Finally, the Guide recognizes that having a Program may provide the following benefits to economic agents (i) allow them to collaborate in a timely manner with the authority and benefit from the exoneration or reduction of penalties provided in the regulations; and (ii) constitute a mitigating factor in the grading of the calculation of the corresponding fine, provided that the Program is an effective one.

For further information, please contact Verónica Sattler (vsattler@estudiorodrigo.com), Ítalo Carrano (icarrano@estudiorodrigo.com) and/or Laura Zúñiga (lzuniga@estudiorodrigo.com).