Public Procurement

by Andrea Ponte | Nov 3, 2023 | Practice Areas

PUBLIC PROCUREMENT

We provide advice in various selection procedures called by the Peruvian government, which include advice in public bids, public tenders, corporate purchases, framework agreements and auctions, as well as in disputes that may arise in the execution of contracts entered into with the government.

We also provide advice in challenge proceedings and sanctioning proceedings initiated by the public administration in the framework of contracting.

Our advisory services include as follows:

Advice on obtaining the National Registry of Suppliers for the contracting of goods, services, construction work consulting and works.

Advice on selection procedures called under the Public Procurement Law.

Advice on public procurement procedures exempted from the scope of application of the Public Procurement Law, such as: procurement carried out by public companies of the State regulated by special procurement regulations, procurement conducted by international organizations, international procurement called by Peruvian government entities, public tenders called by concessionaires that have a concession contract with the Peruvian government, among others.

Advice on the execution of contracts derived from public procurements.

Advice on the filing of administrative appeals, such as appeals and reconsideration, as well as the presentation of defenses before challenging procedures that are filed against the award of the bid of the Company.

Advice on the commencement of administrative sanctioning proceedings by the Government Procurement Tribunal for alleged violations committed in the framework of a public procurement regulated under the Public Procurement Law.

Key contacts

Martín Serkovic

Partner

Neftali Campos

Associate

Advertising and Unfair Competition

by Andrea Ponte | Jan 13, 2023 | Practice Areas

ADVERTISING AND UNFAIR COMPETITION

We have extensive experience advising national and international clients in matters related to Unfair Competition and Advertising, such as:

Detection of acts of unfair competition: We provide advice on the detection of acts of deception and confusion in the market, in its interrelation with the different market agents.

Review of advertisements and advertising campaigns: It is not enough to communicate and attract the attention of consumers, but also to avoid falling into assumptions that may constitute acts of unfair competition, whether acts of deception, undue comparison, denigration, among others.

Compliance with legislation in force: Whoever asserts a fact must have technical support to prove it. We support and provide advice on whether such technical support complies with the requirements of the legislation in force. As well as for the incorporation of legal messages in communications to the public.

Representation in sanctioning procedures and audits: It is important not only to have prior advice, but also when a lawsuit has been initiated against a potential client, to safeguard their interests and compliance with legislation in force. We assist both in cases in which actions have to be brought against possible infringers affecting good business faith, as well as the defense in case a lawsuit is brought against a client or potential client.

Acts of unfair competition carried out under the use of intellectual property: We handle both the knowledge of unfair competition legislation and those in which intellectual property is used to carry out acts against good business faith.

Advice and representation in alternative means of conflict resolution such as CONAR.

Key contacts

Mónica Germany

Partner

Cristina Fernández

Senior Associate

Jossimar Jiménez

Associate

Consumer Protection

by Andrea Ponte | Jan 13, 2023 | Practice Areas

CONSUMER PROTECTION

Our team has solid experience advising various companies in their relations with consumers, both at a preventive level in compliance with Consumer Protection regulations, as well as at a contentious level before INDECOPI.

Terms and Conditions for the provision of a service: Analysis and preparation of documentation of terms and conditions in accordance with Consumer Protection regulations.

Commercial promotions: We advise and analyze commercial promotions so that they comply with providing clear and appropriate information, within the provisions of the Code of Consumer Protection and Defense, we review and prepare the legal materials that must comply with commercial promotions, and sales promotions of products or services.

Contracts with consumers and distributors and documents that consumers will receive: we advise, prepare and review contracts, agreements, and documents (such as warranties, terms and conditions, advertising material, contracts) that will be delivered to end consumers, including the legal consequences to avoid and reduce contingencies according to the Consumer Protection Code.

Complaints Book: Assistance in the implementation and development of the Complaints Book in accordance with current regulations, both virtual and physical. We advise and provide support in answering claims in the consumer protection claims book, advice and analysis of the information that must be included and how to deal with it, registration in SIREC (claims registration system).

Assistance in the prosecution of consumer protection lawsuits: includes defense in lawsuits filed against companies for infringements or consumer claims based on the Consumer Protection Code.

Product Labeling: Advice, assistance and review of information that must be included in the labeling of manufactured products (food, household appliances, cosmetics, cleaning, tires, beverages, electronics, toys, medicines, etc.), in accordance with the law on labeling, advertising and consumer protection.

Assistance in negotiations and conciliations: Support in the assistance and preparation of negotiation and conciliation documents with consumers in the stages prior to the initiation of administrative proceedings in INDECOPI, or during the same.

Training on the Consumer Protection Code: We provide support and training to companies for the development of policies that comply with the Consumer Protection Code, understanding of the Consumer Protection Code and legislation. We prepare manuals and guides designed according to the services and/or products provided by the company in a personalized way.

Key contacts

Mónica Germany

Partner

Cristina Fernández

Senior Associate

Jossimar Jiménez

Associate

Tax

by Andrea Ponte | Apr 20, 2022 | Practice Areas

TAX

Our tax practice has highly specialized lawyers, and experts in all areas of tax law. They have vast experience advising several of the most important local and foreign companies with business presence in Peru.

Estudio Olaechea’s tax team frequently provides advice on local and international taxation, corporate aspects with tax implications, financing, asset and business transfers, financial instruments, local and international mergers and acquisitions, multinational business development, and sophisticated tax structures. In fact, we seek alternatives to make businesses viable, eliminate contingencies and generate efficiencies from a tax point of view.

Our tax practice has developed particular expertise, among others, in the following sectors: digital platforms and services, maritime and air transportation, financial products, construction and real estate, universities, telecommunications, technology, and energy.

In addition to consulting services, Olaechea‘s tax team provides assistance in the following matters:

Preventive tax audits

Legal advice on tax audit procedures

Review of tax returns for individuals and legal entities

Tax compliance obligations (e.g. identification and declaration of beneficial owners, analysis on application of anti-avoidance rules, among others)

Representation and support in contentious and non-contentious tax proceedings, as well as in judicial proceedings in tax matters.

Formulation of institutional consultations with the Tax Administration

Legal representation before governmental authorities in tax matters

In-house and virtual training courses.

Key contacts

Michael Morales

Partner

Fiorela Ríos

Senior Associate

Nataly Aspinwall

Senior Associate

Gloria Mendieta

Associate

Telecommunications, Media and Technology

by Andrea Ponte | Apr 20, 2022 | Practice Areas

TELECOMMUNICATIONS, MEDIA AND TECHNOLOGY

We provide specialized advice to our clients in the TMT sector, offering a consulting service on the regulatory framework and having a vast experience in the field. Our team is widely specialized in the regulation of new information and communication technologies, integrating our advice with the essential cross-cutting areas for the deployment of telecommunications. Our services include as follows:

Comprehensive advice on the sector's regulatory framework, especially regarding concessions, radio spectrum allocation, installation of passive infrastructure, infrastructure sharing, network interconnection and other related aspects.

Advice on the implementation of new technologies in the telecommunications sector

Consulting on antitrust matters in the telecommunications industry

Representing our clients in administrative proceedings before regulatory bodies and public administration entities

Advising on commercial transactions from a telecommunications regulatory perspective.

Key contacts

Martín Serkovic

Partner

María Luisa Gubbins

Associate

Andrea Zanusso

Senior Associate

Lucía Luna

Senior Associate

Insurance and Reinsurance

by Andrea Ponte | Apr 20, 2022 | Practice Areas

INSURANCE & REINSURANCE

We advise major insurance brokers and agents, insurers, reinsurers, adjusters and other related parties, providing full service in the insurance and reinsurance industry.
We are one of the few law firms that have taken on insurance disputes and non-contentious matters with proven experience in handling sophisticated insurance matters.