Alert

Merger Control Alert - October 2025

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.