Peru

INDECOPI's CLC (Commission for the Defence of Free Competition) investigates and adjudicates competition cases. Appeals go to the Competition Tribunal within INDECOPI, then to the judiciary.

Horizontal agreements including price-fixing, output restriction, market allocation, and bid-rigging are prohibited. Hard-core cartels (per se illegal) carry the highest penalties.

Vertical agreements that restrict competition are prohibited under a rule-of-reason approach, requiring demonstration of market power and anti-competitive effects.

Abuse of dominant position is prohibited. Prohibited conduct includes predatory pricing, refusal to deal, tying, discrimination, and exclusionary practices. Market dominance is assessed on market share and barriers to entry.

No general merger control regime. Mandatory pre-merger notification applies only in the electricity sector (Law 26876). Legislative proposals for general merger control have been debated but not enacted.

Leniency programme introduced by Legislative Decree 1205 (2016). The first applicant may receive full immunity from fines. Programme has yielded initial applications but remains in early stages.

INDECOPI may accept commitments to cease the investigated conduct in exchange for reduced sanctions. Formal settlement procedures are less developed than in other regional jurisdictions.

Fines up to 12% of annual gross income for the most serious infringements (per se illegal cartels). Individual fines up to 100 UIT. No criminal sanctions for competition offences.

No dedicated digital markets legislation. INDECOPI applies general competition rules and has conducted studies on digital platforms and the sharing economy.

OSIPTEL (telecommunications), OSINERGMIN (energy and mining), OSITRAN (transport infrastructure), and SUNASS (water) exercise sector-specific regulatory functions. INDECOPI retains competition jurisdiction.

INDECOPI has powers to conduct inspections, seize documents, and compel testimony. Dawn raids may be conducted with judicial authorisation in cartel investigations.

Private damages actions may theoretically be brought before civil courts, but private competition litigation is extremely rare. Enforcement is almost entirely public.

Cooperation agreements within the Pacific Alliance (Chile, Colombia, Mexico) and bilateral arrangements with the US. Active member of ICN. Participated in OECD competition peer reviews.

Active cartel enforcement in pharmaceuticals, oxygen supply, and public procurement. Ongoing debate on general merger control legislation. INDECOPI advocacy for pro-competitive regulatory reform.