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Merger Control Regime Alert – December 2020

ALERT- Merger Control Regime

The Congress of the Republic adopts by insistence the new Law on Prior Control of Business Concentration Operations

In a session held on December 30, 2020, the Plenary of the Congress of the Republic of Peru adopted by insistence a new ruling on the “Law that establishes prior control of business concentration operations” (the “Law“), which had been observed by the Executive Branch on November 26, 2020.

The Law shall repeal Emergency Decree No. 013-2019, “Emergency Decree that establishes the Prior Control of Business Control Operations” (the “DU 013-2019“), and Legislative Decree No. 1510 that amended the DU 013-2019 and postponed its entry into force.

Although the Law has not yet been published in the Official Gazette “El Peruano”, it shall enter into force within 45 calendar days as from its publication.

As part of the term indicated for the entry into force of the Law, the following must be considered: (i) within a period of 15 calendar days from its publication, the Regulations of the Law (the “Regulations“) shall be issued; and (ii) within a period of 15 calendar days as from the publication of the Regulations, amendments to the Regulations of the Law on the Organization and Functions of INDECOPI and other management instruments of such entity shall be issued.

For further information, please contact Verónica Sattler (vsattler@estudiorodrigo.com) or Ítalo Carrano (icarrano@estudiorodrigo.com).