Antitrust Alert – September 2019

The Congress accepted the reconsideration request of the Bill of Operation of Economic Concentration Previous Control

The Congress approved to reconsider the Bill and it awaits new vote. Reconsideration was submitted in May 2019 due to a discussion about the fallback provisions of the General Administrative Procedure Act.

The new Act of Operation of Economic Concentration Previous Control aims to analyze operations of concentration, in every market sectors, that impact on Peru and concurrently reach the following limits that:

• Companies involved in an operation shall record, jointly, sales or annual gross income inside the country more than 118,000 tax base unit (UIT) during the previous fiscal year; and
• Sales or annual gross income inside the country of at least two of the companies involved in an operation shall be equal or more than 25,000 tax base unit (UIT) during the previous fiscal year, each.

The Act will come into effect 1 year after its publication and the Executive Branch must publish the Regulation of the Act within 9 months after its publication.

On the other hand, the Electricity Sector Anti-Monopoly and Anti-Oligopoly Act shall be repealed once the new Act comes into effect, and this will not apply to those procedures being under process at such moment.