Bimbo case: Indecopi warns of possible conflict of interest in ruling

The executive president of the Indecopi, Julián Palacín, requested the Institutional Control Body (OCI) of this entity, an evaluation and control procedure of the Affidavits of Interests of the members and commissioners of all the decision-making bodies designated in previous administrations, “especially during the management of the government of the former president Pedro Pablo Kuczynski and Prime Minister Fernando Zavala “, as they could be involved in possible conflicts of interest.

This request is given after the Republic warned that the Specialized Chamber for the Defense of Competition of the Tribunal of the National Institute for the Defense of Competition and the Protection of Intellectual Property (Indecopi) annulled a sanction against the company Panificadora Bimbo del Perú SA for marketing white bread without the advertising warning “Contains trans fats: avoid their consumption”, despite the fact that the product did have these oils under Peruvian law.

And, one of the aspects that has generated criticism is that the SDC is integrated, among other members, by Silvia Hooker, also manager of International Affairs of the National Industry Society (SNI), who voted in favor of lifting the fine considering that the Peruvian Law and the Manual of Advertising Warnings “do not require parameters for trans fats” and that instead applied guidelines from the United States Food and Drug Administration “.

“Although the Chambers are autonomous in accordance with the Law, which prevents me from modifying or annulling any decision issued by the decision-making bodies, that does not make it impossible for me to have my own criteria without having to pronounce on the merits of the controversy,” said Palacín .

The president of Indecopi also pointed out that, although the resolution in question was issued when the transfer process had not even been completed, exactly five days after assuming functions, this has not prevented him from finding out about this decision from requesting information regarding to that decision. As a result of that, It was found that there was already a complaint for a conflict of interest that has been subject to evaluation by the Technical Secretariat of the Instructional Bodies of the Presidency of the Council of Ministers (PCM).

“For this reason, according to Law 27815, the Code of Ethics of the Public Function, I have requested that it be concluded in the shortest possible time, in order to proceed to impose the corresponding sanction in accordance with the Law,” said Palacín.

“Likewise, I have arranged, with regard to the complaint recorded in the La República newspaper, that this new complaint is also forwarded to the Technical Secretariat of the PCM Instructional Bodies, so that it may proceed within the framework of its powers to determine the possible administrative responsibilities that may exist ”, he added.

The president of the entity also mentioned that, apparently, the Indecopi Board of Directors that preceded him since 2017 would have proposed to appoint, through supreme resolutions, public servants for periods of 5 years, who would be in charge of issuing this type of resolutions “in which it could be shown that they would be a judge and a party, which I will not allow in my management.”

On the other hand, with respect to the power of the Comptroller General of the Republic of inspection and sanction of the Sworn declaration Of Interests of Authorities, Officials and Public Servants, the executive indicated that he will ask the Office of the Comptroller General of the Republic and the Institutional Control Body of Indecopi, to initiate a procedure of evaluation and supervision of all the appointments made during previous governments, to In order to determine whether there are members or commissioners who could incur in conflicts of interest due to maintaining ties with companies or organizations that would have a particular interest in the decisions adopted in the decision-making bodies of Indecopi. It should be noted that it is the responsibility of the Comptroller General of the Republic determine the possible administrative, civil and criminal responsibilities, if applicable.

The president of Indecopi considered that the Comptroller’s Office has all the powers to investigate these possible incompatibilities that would violate articles 1 and 6 of Law 27815 and other concordant ones, with possible criminal implications. “On the other hand, I will hold meetings with Members of the Indecopi Tribunal so that, in the face of the problem raised in the media, they evaluate the standardization of a criterion through a mandatory precedent, so that the decisions adopted by the Resolutions always are in the current legal framework and in favor of consumers that we are all Peruvians “he indicated.

“Likewise, I have ordered that the necessary actions be carried out in order to provide that an ideal legal framework that allows access to the positions of Members and Commissioners is carried out by public tender and that their performance is full-time and that they are no longer salaried, thereby avoiding potential conflicts of interest on the part of the Members and Commissioners ”, he added.