On march 4th 2021, Supreme Decree 039-2021-PCM which approves the Regulation of Law Nº 31112 – the Merger Control Law, was published on the Peruvian Official Gazette. Through the Regulation, important clarifications are made on certain figures of this regime (methodology for calculating thresholds, assumptions for ex officio investigations, registration of conditions, etc.), as well as the detailed administrative procedures to be followed (notification under regular procedure or by simplified procedure, commitment procedure, review of conditions, ex officio actions and voluntary notification, as well as administrative sanctioning procedure).
We are pleased to share our first issue of 'Latin American Viewpoints'. We provide a complete-picture insight on key new legislation, covering analysis of new developments, trends and viewpoints across the region, from every angle of business law.
The situation caused by the pandemic has brought an increase in breach of contract proceedings around the world, including in Latin America. It is therefore helpful to know how concepts such as fortuitous, force majeure, and hardship events are defined. We take a look at these in the legislation of Chile, Colombia, Mexico and Peru.
Teleworking, working from home or remote working gained particular importance in 2020 due the various measures adopted by governments and employers to curb COVID-19 infections. So an understanding is needed of the new rules and situation of the legislation on this subject in the various jurisdictions. We examine below the current situation in a few Latin American countries such as Chile, Colombia or Peru.
The Peruvian Congress has published Law Nº 31112 in the official gazette, establishing merger control in Peru and substituting Urgent Decree Nº 013-2019, the previous bill which had been issued by Executive Power as the first merger control law in Peru that would apply across all economic sectors.
Garrigues has launched the anti-trust, economic regulation and intellectual property practice in Lima, bringing on board lawyer Ivo Gagliuffi and economist Javier Coronado. With more than twenty years’ experience in the public and private sector, the pair will coordinate the practice and provide an integrated approach, from both a legal and economic standpoint, giving it a competitive advantage in the Peruvian market.
Pension fund regulations may be an incentive or deterrent when considering establishing operations in a country. This is why it is important to understand the new rules and situation of current legislation on the subject in various jurisdictions. Below we examine the current situation in Mexico, Uruguay, Peru, Colombia, Brazil and Chile.
Garrigues analysts look at the current squeeze-out rules for unlisted companies in Brazil, Chile, Colombia, Mexico and Peru.
In the context of the current health crisis generated by the spread of COVID-19, the Peruvian Government has issued several fiscal measures, mainly aimed at providing a flexible regulatory scheme for the fulfilment of tax obligations and the processing of administrative proceedings.
The Peruvian Government has amended its Peruvian Arbitration Law due to the pressure of the Odebrecht case. We analyse, from a critical perspective, the impact and consequences of these amendments brought by the Urgency Decree No. 020-2020.