Bureaucratic Barriers and Unfair Competition Alert - May 2026
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Amendments to the “Law on the Prevention and Elimination of Bureaucratic Barriers” and the “Law on the Repression of Unfair Competition"
On May 8, 2026, Law No. 32587 (the “Law”) was published in the Official Gazette, El Peruano, amending: (i) Legislative Decree No. 1256, which regulates the “Law on the Prevention and Elimination of Bureaucratic Barriers”; and (ii) Legislative Decree No. 1044, which regulates the “Law on the Repression of Unfair Competition.”
Below, we outline the main amendments introduced by the Law:
1. Non-Application with General Effects of Bureaucratic Barriers Contained in Material Actions of Government Entities*: It is established that INDECOPI shall order the non-application with general effects, in favor of all citizens, in the following cases:
- Illegal bureaucratic barriers contained in material actions of government entities, declared in proceedings initiated either upon request of a party or ex officio;
- Bureaucratic barriers lacking reasonableness contained in material actions of government entities, declared in ex officio proceedings;
- Illegal bureaucratic barriers or bureaucratic barriers lacking reasonableness contained in material actions of government entities, declared in proceedings initiated in representation of diffuse or collective rights or interests.
Previously, non-application with general effects was established only with respect to bureaucratic barriers contained in administrative regulations.
2. Appeals without Suspensive Effect: It is established that appeals filed against resolutions that conclude the instance in proceedings for the elimination of bureaucratic barriers shall be granted without suspensive effect, unless the first-instance authority determines — through a duly reasoned resolution — that such appeals shall have suspensive effect.
3. Contentious-Administrative Claims Filed by Regional and Local Governments: It is established that, for the filing of contentious-administrative claims in matters related to bureaucratic barriers, regional and local governments must obtain the formal and express authorization of the highest authority of the entity, which power may not be delegated.
4. Informative Complaints Regarding Acts of Unfair Competition through Violation of Regulations: It is established that any citizen may file informative complaints before the Technical Secretariat of the Unfair Competition Enforcement Commission regarding acts involving the violation of regulations. The Technical Secretariat must address such complaints within a maximum period of ten (10) business days and shall have a maximum period of forty (40) business days to either initiate ex officio proceedings or dismiss the complaint, notifying the citizen of the respective duly reasoned decision.
The amendments introduced by the Law entered into force on the day following its publication. However, they are not applicable to proceedings currently in progress that have not yet received a final decision, which shall continue to be processed under the rules in force prior to the enactment of the Law.
“Material actions of government entities” refer to any type of conduct, manifestation, and/or material activity carried out by an entity or by an official, public servant, or any person exercising administrative functions by delegation, under any labor or contractual regime, which, without constituting an administrative act or regulation, produces legal effects capable of restricting or hindering the access to or permanence of economic agents in the market and/or constitutes a breach of administrative simplification rules and/or principles.