Indecopi: fines for anticompetitive conduct amounted to more than S/ 2,800 million

The National Institute for the Defense of Competition and the Protection of Intellectual Property (Indecopi) reported that, during 2021, free competition, the fight against unfair competition and the assurance of compliance with the commercial defense regulations of the country, with the aim of guaranteeing the proper functioning of the market and always place citizens at the center of its services.

Thus, the National Directorate for the Investigation and Promotion of Free Competition (DLC) reported that last year four sanctioning administrative procedures were initiated; two of them on collusive practices and the other two on abuse of a dominant position. These behaviors were detected in the cement production and electricity supply sectors.

In addition, the Commission for the Defense of Free Competition (CLC) resolved four administrative procedures sanctioning cartels and abuse of dominant position in different sectors. Consequently, the offending companies were sanctioned with historical fines, which amounted to more than S/ 2,810 million.

Likewise, the DLC carried out studies and market reports with relevant recommendations for state entities and the industry on payment services with cards (debit and credit), sanitary registry of medicines and sale of medicines in the pharmacy clinics, to promote more competition in those markets to the benefit of consumers.

It is important to remember that, last year, Indecopi implemented the Law of Prior Control of Business Concentration Operations, which entered into force on June 14. This standard seeks to achieve effective competition and economic efficiency in the markets.

Thus, the first four requests for prior authorization of operations of business concentration, of which two were authorized; while the other two are still under evaluation. The notified operations would have an impact on telecommunications, frozen food storage, construction, pharmaceuticals and mining.