• Estudio Alvarez Calderón

D.LEG 1510 AMEND AND EXTEND THE D.U. 013-2020 THAT ESTABLISHES THE PRIOR CONTROL OF BUSINESS CONCEN

Published on May 12, 2020, in the official newspaper EL PERUANO.

- The effective date of the D.U 013-2020 is modified to March 1, 2021 and remains in force for a period of five years.

- The prohibition of registration of unauthorized business concentration operations is established. Establishing sanctions for notaries and public registrars.

- It is established that the Regulations of D.U. 013-2020 will be issued within one year, the deadline is May 11, 2021.

- The refusal to supply information to the competent authority is incorporated as a very serious offense.

- It establishes that acts or operations carried out between the same agents within a period of 2 years will be considered the only business concentration operation and must be notified before executing the last act that exceeds the threshold established by law.

- A simplified notification regime may be established for operations with less probability of producing negative effects on competition.

- A numeral is incorporated to article 18 of the Legislative Decree. 1034, Law of Repression of Anticompetitive Conducts that establishes that the Technical Secretariat may not initiate a process when it determines that a conduct subject to a relative prohibition is not capable of having a significant effect on competition.

- Article 58 of D. Leg. 1044, Law on Repression of Unfair Competition, establishes that the Commission for the Control of Unfair Competition, after a report from the Technical Secretariat, may refer the actions taken in the administrative sanction file to the Legal Management of INDECOPI to initiate action for compensation for damages in defense of the diffuse and collective interests of consumers.


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