The merger control regime in Peru: State of play coming up to eighteen months in forceRoughly eighteen months ago, on June 14, 2021, Law 31112 came into force, which introduced merger control definitively in Peru, applicable across all the country's sectors of economic activity and markets; because until then it only existed for the electricity industry. Approximately a year and a half after its implementation, together with the Official Spanish Chamber of Commerce in Peru, we prepared a detailed report with the balance of this period of activity.
Peru: The Complaints Book Regulation is changed so that suppliers respond to claims and complaints within 15 business daysThe goods or services supplier (proveedor) will have to respond to the claims and complaints registered in their Complaints Book (Libro de Reclamaciones) within a maximum period of 15 business days. Also, if requested by the consumer, the response must be provided in writing, by email or letter.
Sanctions for anti-competitive practices in comparative law: the experience of Latin America, the European Union, the United States and AustraliaThe entry into force in Colombia of Act 2195 of 2022 has given rise to the need to analyze how the changes made to the sanctions for violations of the antitrust rules compare to those that exist in other jurisdictions. This article will examine the cases of Colombia, Chile, Mexico, Peru, the European Union, the United States and Australia, with respect to the different methodologies used to calculate the basic amounts of fines for anti-competitive practices, as well as the multiple elements that are taken into account when determining the appropriate amount of the fine.
Red lines in cooperation agreements between competitors in ColombiaCompanies competing in the same market must analyze whether a possible alliance between them is in compliance with the country’s antitrust legislation. To do so, they should bear a number of factors in mind which could be anti-competitive or which, on the contrary, could generate enhancements or efficiencies under the agreement. We analyze below all key points in relation to this type of transactions in Colombia.
Digital Markets Act: The European Commission proposes the creation of new rules aimed at large platformsTogether with the proposal for a Digital Services Act (see here), the European Commission has proposed a new regulatory regime applicable to certain platforms that provide digital services (Digital Markets Act, or DMA). The approval of these rules will involve substantial changes in the business models of a number of companies and will have a significant impact on how competition plays out in digital markets.
State aidIt should be taken into consideration that any State aid is, in principle, prohibited, unless considered compatible with the internal market by the EC. This prohibition aims to prevent public contributions from selectively benefiting certain companies (whether these are, inter alia, tax-related, subsidies, guarantees or subsidized loans) to the detriment of others, thus distorting healthy competition on the internal market.
COVID-19: European Commission extends and adds flexibility to temporary framework for authorization of state aidOn April 3, 2020 the European Commission announced the adoption of an amendment extending and adding flexibility to the Temporary Framework adopted on March 19, 2020 to enable Member States to give State aid for research, testing and production of coronavirus related products, and also to grant greater volumes of aid in under the categories already allowed in under the original Temporary Framework.
COVID-19: European Commission adopts temporary framework to authorize State aidOn March 19, 2020, the European Commission issued a communication setting out a Temporary Framework that provides for more flexible and quicker authorization of State aid granted to support the economy in the current COVID-19 outbreak. The Temporary Framework is based on article 107(3)(b) of the Treaty on the Functioning of the European Union (TFEU), which makes it possible to authorize aid intended to remedy a serious disturbance in the economy of a Member State.