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Antitrust Alert - February 2026

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February 12, 2026

LEGISLATIVE DECREE NO. 1728

On February 12, 2026, Legislative Decree No. 1728 (“DL 1728”) was published in the Official Gazette El Peruano. This decree amends Article 24 and section 28.4 of Article 28 of Legislative Decree No. 1034, the Law for the Repression of Anticompetitive Conduct, to eliminate fees for requesting precautionary measures and to remove the possibility of allocating costs for evidence ordered by the authorities.

The approved changes are as follows:

Elimination of fees for requesting precautionary measures:
Before this amendment, requesting a precautionary measure required the payment of a fee equivalent to half a Tax Unit, in addition to the substantive requirements stipulated in the law. With Decree Law 1728, this fee is completely eliminated, allowing the granting of a precautionary measure to be based solely on substantive elements: the plausibility of the complaint, the risk of irreparable harm, and the feasibility of the request. This change reduces a significant economic barrier and promotes faster access to necessary preventive measures within competition proceedings, eliminating the financial burden for those subject to the regulations.
New regulations on evidentiary means:
Decree Law 1728 also modifies section 28.4, which stipulated that the evidentiary means required by the authority would be financed by the complainant and the accused, depending on the outcome of the proceedings. With the new wording, this possibility is eliminated. Now, the regulation establishes that each party must exclusively bear the costs of the evidentiary means they offer, without any subsequent redistribution or burdens arising from actions ordered by the authority. This rule provides greater predictability and prevents a party from having to assume costs that do not correspond to their own evidentiary activity.
Immediate application:
The modifications introduced are immediately applicable to all pending administrative sanctioning proceedings, regardless of their stage.

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LEGISLATIVE DECREE NO. 1728