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When a San Borja business should seek competition-law advice

Competition law applies in San Borja just as it does elsewhere in Peru. The national authority, Indecopi, handles investigations and merger reviews, and its headquarters are in San Borja at Calle de la Prosa 104.

For a local business, issues may arise in retail, property development, private healthcare, education, distribution, or bidding for public contracts. The key questions are whether conduct restricts competition and whether a transaction requires prior approval, not where a company’s office is located.

Indecopi’s Commission for the Defense of Free Competition investigates alleged restrictive conduct. Its Technical Secretariat handles investigations, while the Commission issues first-instance decisions; appeals may go to Indecopi’s specialized tribunal.

When a competition-law lawyer can help

Consider legal advice early if a business or individual faces any of these situations:

• A San Borja supplier or customer alleges that your business agreed with competitors on prices, customers, territories, or bid terms.
• Competitors invite you to exchange future prices, sales plans, or customer information through an industry association or business meeting.
• Your company plans to acquire a competitor, distributor, or supplier and needs to check whether Peru’s merger-control thresholds are met.
• A business with a strong position in a local market is accused of refusing supply, imposing unfair conditions, or tying one product to another.
• Your company is preparing a public tender and learns that another bidder proposed coordinating prices, bids, or participation.
• Indecopi requests information, conducts an inspection, or opens an investigation involving your business.

Early advice can help preserve relevant records, assess exposure, and respond through the proper administrative process. Do not delete messages or documents after learning of a complaint or investigation.

Peru’s main competition-law rules

Legislative Decree No. 1034, Law to Repress Anticompetitive Conduct: Published on 25 June 2008, it prohibits conduct such as collusion and abuse of a dominant position. It provides the framework for Indecopi investigations, sanctions, and related procedures.

Law No. 31112, Law on the Prior Control of Business Concentrations: Published on 7 January 2021, it established prior review of qualifying mergers and acquisitions. The mandatory review regime took effect on 14 June 2021.

Supreme Decree No. 039-2021-PCM: Published in March 2021, this regulation implements Law No. 31112. It sets out procedural rules for notifying and reviewing transactions that meet the statutory criteria.

These rules apply nationally, including to businesses operating in San Borja. Merger thresholds and filing requirements depend on the transaction and the parties’ activity in Peru, so they should be checked before signing or closing.

Frequently asked questions

Do I need a lawyer to make a complaint to Indecopi?

A lawyer is not always required to submit information to Indecopi. Legal advice can help distinguish a competition-law concern from an ordinary commercial dispute and organize supporting evidence.

Can a small business or individual report suspected collusion?

Yes. A person or business may provide information about suspected anticompetitive conduct, even if they are not based in San Borja. Indecopi decides whether the information warrants further action.

What conduct may amount to collusion?

Examples include competitors coordinating prices, dividing customers or territories, or agreeing how to bid. Similar commercial decisions made independently are not automatically unlawful; evidence and market context matter.

Does every merger or acquisition need Indecopi approval?

No. Prior approval is required only when a transaction meets the thresholds and other conditions under Law No. 31112. A lawyer can assess the parties’ Peruvian sales or assets and the transaction structure before closing.

How long does an Indecopi investigation take?

There is no single timeline for every case. The duration depends on the conduct, the evidence, procedural steps, and any appeals; counsel can explain the applicable deadlines once the procedure is known.

How long does merger review take?

The statutory process has review stages and deadlines, but the actual timetable depends on whether the filing is complete and whether further review is needed. Allow time before closing and avoid assuming that a transaction can proceed immediately after filing.

What does a competition-law lawyer cost in San Borja?

Private legal fees are not fixed by a single local tariff. Ask for a written scope and fee proposal in soles, specifying whether it covers an initial assessment, filings, meetings, and any appeals, and whether taxes or expenses are additional.

Can a company outside San Borja hire a lawyer here?

Yes. Competition investigations and merger reviews are handled nationally by Indecopi, so a lawyer based in San Borja can advise clients elsewhere in Peru. Confirm that the lawyer can manage filings and hearings with the relevant authority.

What should I do if Indecopi contacts my business?

Note the deadline and preserve relevant documents, emails, and messages. Have counsel review the request before responding, since incomplete or inaccurate information can create additional problems.

Is competition law the same as consumer protection law?

No. Competition law addresses restrictions on competition between businesses and certain abuses of market power. Consumer protection law focuses on consumers’ rights in transactions, although a matter can raise issues under both areas.

Can competitors discuss business matters at an industry meeting?

They can discuss legitimate topics, but exchanges about future prices, bids, customers, output, or commercial strategy can create serious risk. Businesses should set clear meeting rules, keep records, and stop discussions that move toward coordination.

Can a business challenge an Indecopi decision?

Indecopi decisions may be appealed through the administrative routes provided by law, subject to applicable deadlines and requirements. A lawyer can review the decision and identify the available grounds and next steps.

Official resources

• Indecopi: Peru’s national competition and consumer-protection authority. Its headquarters are at Calle de la Prosa 104, San Borja, Lima; official information is available through gob.pe/indecopi.
• Indecopi’s Commission for the Defense of Free Competition: The body responsible for first-instance decisions in competition matters, supported by its Technical Secretariat, which conducts investigations and handles procedural work.
• Indecopi’s Specialized Chamber for the Defense of Competition: The administrative appellate body for competition matters within Indecopi.

Steps to find and hire a competition-law lawyer

1. Gather the basics, within one or two days. Collect relevant contracts, messages, meeting notes, transaction documents, and any Indecopi notice. Preserve originals and record deadlines.
2. Define the issue before contacting lawyers. Note whether the matter concerns competitor conduct, a merger, a public bid, or an Indecopi inquiry, and identify the businesses and markets involved.
3. Shortlist lawyers with relevant Peruvian experience, over several days. Look for work involving Indecopi investigations, merger filings, or competition compliance, rather than relying only on general commercial-law experience.
4. Check credentials and conflicts before sharing sensitive details. Ask about professional registration, relevant case experience, confidentiality procedures, and any conflict involving a competitor or transaction party.
5. Request a written proposal before engagement. Confirm the scope, lead lawyer, fee structure, taxes, expenses, expected milestones, and who will handle communications with Indecopi.
6. Agree on immediate priorities at the first meeting. Set a plan for deadlines, document preservation, internal communications, and any required filing or response before work begins.