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Asian Investment Desk
Banking and Finance
Banking Regulation
Capital Markets
Corporate and Commercial
Corporate Compliance
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
Merger Control Alert - October 2025
For more information, contact:
Themes
October 1, 2025
INDECOPI PUBLISHES DRAFT INSTRUCTIONS ON PRIOR CONTROL OF BUSINESS CONCENTRATIONS
INDECOPI, through the National Directorate for Research and Promotion of Free Competition, published the “Draft Procedural Instructions for the Prior Control Regime for Business Concentration Operations,” with the aim of providing greater clarity, predictability, and legal certainty in the processing of the prior control procedure for business concentration operations, processed under Law No. 31112.
See the full document here: https://bit.ly/4mxP21O
The document aims to serve as a practical guide that explains, in a simple and orderly manner:
- Guidelines on prior consultations (general and pre-notification).
- The notification channels (standard and simplified forms) and the information required in each case.
- The deadlines and stages of the procedure, both in Phase 1 and Phase 2, including milestones, windows for providing information, and suspension mechanisms. This section analyzes everything from admissibility to the completion of the procedure.
- The treatment of commitments and market tests, as well as the criteria for evaluating remedies.
- The confidentiality of information, the submission of confidentiality requests, and the preparation of public versions.
- The accumulation of files for related operations.
The draft will be available for comments and suggestions until Friday, October 24, 2025, which may be submitted through the INDECOPI reception desk or by email to concentraciones-clc@indecopi.gob.pe.