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Asian Investment Desk
Banking and Finance
Banking Regulation
Capital Markets
Corporate and Commercial
Corporate Compliance
Data Centers and Digital Infrastructure
Energy
Environmental
ESG | Environmental, Social and Governance
Fintech
Fishery
Forestry
Immigration
Infrastructure and Concessions
Insurance and Reinsurance
Intellectual Property
International Trade and Customs
Labor & Employment
Life Sciences
Maritime and Aviation
Mergers and Acquisitions
Mining
Oil & Gas
Privacy and Data Protection
Project Development
Project Finance
Public Law
Public Procurement
Public Services Regulation
Real Estate Investment
Restructuring and Insolvency
Tax
Telecom, Media & Technology (TMT)
Venture Capital and Entrepreneurship
Water Resources and Sanitation
Wealth Management
Alert
Antitrust Alert - September 2026
For more information, contact:
Themes
September 22, 2026
Indecopi Publishes Draft Guidelines on Cease-and-Desist Commitments
On September 16, 2026, Indecopi's National Directorate for the Investigation and Promotion of Free Competition published the Draft Guidelines on Cease-and-Desist Commitments, which set forth the rules applicable to this mechanism for the early termination of proceedings involving anticompetitive conduct. Until now, these aspects had been addressed on a case-by-case basis by the Directorate and the Commission for the Defense of Free Competition.
The principal aspects of the Draft Guidelines include the following:
- Two types of commitments: Type A, applicable to conduct subject to a per se prohibition (cartels), which requires acknowledgment of participation in the conduct charged; and Type B, applicable to conduct subject to a rule-of-reason prohibition, which does not require such acknowledgment.
- Measures to restore the competitive process: these must be directly related to the conduct and market under investigation and may include, among others, cessation of the conduct, obligations to contract, unenforceability of anticompetitive clauses, and compliance programs.
- Financial contribution: in Type A commitments, a financial contribution must be offered, calculated by reference to the criteria applicable to fines, with a discount of up to 32%.
- Consumer redress: in certain Type A commitments, redress measures may be offered. In such cases, the Commission will not exercise its authority to bring a judicial claim for damages, without limiting the right of affected consumers to file their own claims.
- Prior consultations and third-party participation: consultations may be submitted to the Directorate, even before the initiation of the sanctioning proceeding, regarding the possibility of availing itself of a cease-and-desist commitment and the measures that could be offered. Likewise, during the processing of the request, the Directorate may consult third parties regarding the commitments offered.
The document is available here.
Comments on the Draft Guidelines may be submitted until December 11, 2026.