ANTITRUST

We have extensive experience advising domestic and foreign clients in the analysis of commercial strategies and operations to ensure that they comply with the legal framework in force and to prevent them from engaging in practices that may be considered restrictive of competition and, therefore, subject to be denounced in Indecopi or Osiptel, as the case may be.

We also specialize in merger control, leniency proceedings, antitrust compliance programs, advice on strategy and procedures in cases of dawn raids, dumping, and advice on administrative complaint procedures and sanctioning proceedings.

In particular, we advise on the evaluation of commercial strategies such as the incorporation of exclusivity agreements, commercial incentives granted to companies, setting sales goals, and competition conditions in vertical and horizontal relationships, among others.

Not only do we know the legislation applicable, but we also know the industry in depth. Proof of this are the various transactions in which we have participated. From advice on commercial aviation matters, regulatory matters, aircraft acquisition, financing and leasing to advice on consumer protection, intellectual property, and labor matters applied to the sector, among others.

Our advice includes the following aspects:

 

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The development and implementation of antitrust compliance programs to ensure that the company or its personnel adopt the appropriate mechanisms and policies to prevent and minimize the risk of engaging in anti-competitive practices such as abuse of dominant position or vertical and/or horizontal collusive practices.

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Preparation of internal guides and manuals for the development of inspection visits (dawn raids) carried out by the authority, simulated inspection visits to train the company’s personnel, as well as accompaniment during such visits.

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Comprehensive advice in the procedures followed by the Peruvian competition agencies (Indecopi and Osiptel), including support in the supervision and inspection stage, legal defense in the framework of sanctioning procedures, both in the first and second administrative instance, evaluation and analysis for the application to the leniency program, among others.

We also have extensive experience in dumping, subsidies, and non-tariff trade barriers, including advice on import and export trade operations in order to prevent market distortions that may be sanctioned by Indecopi. We also provide advice on the filing of complaints about dumping and subsidies and defense in investigation procedures initiated by the authority for the imposition of trade defense measures, sunset reviews and/or change of circumstances, in addition to procedures to denounce non-tariff trade barriers.
In the field of unfair competition, our advice includes the analysis of possible transgressions to the principles and practices of trade and industry that may be generated as a consequence of certain commercial operations or behaviors of economic agents, as well as the defense in the framework of the procedures initiated by Indecopi.”

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