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:
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.