Edited by Albert A. Foer and Jonathan W. Cuneo
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 of the...
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