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Bullard, Alfredo; Falla, Alejandro --- "Peru" [2010] ELECD 767; in Foer, A. Albert; Cuneo, W. Jonathan (eds), "The International Handbook on Private Enforcement of Competition Law" (Edward Elgar Publishing, 2010)

Book Title: The International Handbook on Private Enforcement of Competition Law

Editor(s): Foer, A. Albert; Cuneo, W. Jonathan

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781848448773

Section: Chapter 27

Section Title: Peru

Author(s): Bullard, Alfredo; Falla, Alejandro

Number of pages: 13

Extract:

27 Peru
Alfredo Bullard1 and Alejandro Falla2


Introduction
Competition law and policy was formally introduced to Peru in 1991 with the enactment
of Legislative Decree 701. It was replaced in 2008 with the Law for the Repression of
Anticompetitive Conduct, Legislative Decree 1034 (the Competition Law).3
Competition law in Peru follows the European model in several significant ways. An
administrative and autonomous governmental agency, the National Institute for the
Defense of the Competition and Protection of Intellectual Property (INDECOPI), is the
primary enforcer of competition law. Its primary enforcement tools are administrative
sanctions. INDECOPI has no authority to award damages.
Unlike other jurisdictions, the jurisdiction of INDECOPI is exclusive, not allowing
individuals to resort before or simultaneously to any other administrative authority or
court before the exhaustion of administrative proceedings in the agency.
The model does not promote private actions. Even though antitrust damages
actions are contemplated in the Competition Law, they do not have an important
role in this model. INDECOPI has no jurisdiction to award damages. There are no
direct private actions before courts as actions before courts are conditioned upon the
exhaustion of administrative proceedings at INDECOPI. In addition, the Competition
Law does not encourage damages actions with measures such as punitive or treble
damages.
Private actions are restricted even within proceedings brought before INDECOPI.
These proceedings are always initiated ex officio, whether or not a private party has filed
a complaint.
The Peruvian model is based on a public enforcement action by INDECOPI. The
enforcement ...