The entity approved 17 operations without conditions and one with conditions. Meanwhile, one application is being processed and another was presented with a withdrawal by the company.
The Commission for the Defense of Free Competition of Indecopi reported that during 2022 it received 20 requests for the prior authorization of operations of business concentration, which exceeded S/18,000 million. Of the total received, 17 mergers were approved without conditions, while one got the green light, but with conditions. While one is in process and another was presented with a withdrawal by the company. These correspond to the construction, retail, laboratories, means of payment, mining, food, energy, and automotive sectors, among others.
“Considering the importance of the fact that the prior evaluation system does not limit the development of the markets, requests for prior authorization of business concentration operations have been processed with special diligence, reaching an average of 23 business days, 25% per below the legally established limit”, reported Indecopi through a statement.
Anti-competitive conduct
The entity recalled that the defense of the free competition It is one of the most important public policies for the economic development of the country, since it is the best mechanism to promote the efficient allocation of resources in the market. Indeed, to gain consumer preference, suppliers lower their prices and improve the quality of their products. In this way, you have better options at your disposal.
In this sense, Sanctions for anticompetitive behaviors involve sectors such as cement marketing and food sales, with total fines of more than S/75 million.
Regarding investigations, the National Directorate for Investigation and Promotion of Free Competition carried out 47 inspection visits to companies in various sectors of the economy, in order to verify possible breaches of the Law on the Repression of Anticompetitive Conduct. This represents more than double the number of inspections carried out in 2021. In addition, six preliminary investigations were initiated in relevant sectors of the economy.
As a result of their investigations, in 2022 10 sanctioning administrative procedures have been processed: four on collusive practices, four on abuse of a dominant position and two for obstruction of the Directorate’s functions. This includes proceedings initiated in sectors such as bottled water, electricity supply and real estate services.
The data
The Special Chamber for the Defense of Competition (SDC), the second administrative instance, issued two rulings related to competition in the electricity market. In such cases, it determined that two companies in the electricity supply market committed acts of abuse of a dominant position. Such companies received fines amounting to 1,533.21 UIT (tax tax units).
Source: Larepublica
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