Peru merger control

Produced in partnership with Payet, Rey, Cauvi, Pérez Abogados
Practice notes

Peru merger control

Produced in partnership with Payet, Rey, Cauvi, Pérez Abogados

Practice notes
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A conversation with Carlos A. Patrón, partner at Peruvian law firm Payet, Rey, Cauvi, Pérez Abogados, on key issues on merger control in Peru.

NOTE–to see whether notification thresholds in Peru and throughout the world are met, see Where to Notify.

1. Have there been any recent developments regarding the Peruvian merger control regime and are any updates/developments expected in the coming year? Are there any other 'hot' merger control issues in Peru?

On 30 December 2020, the Peruvian Congress approved the new merger control regime (Merger Control Law – MCL) which came into force on 14 June 2021 (following the issuance of complementary regulations).

Previously, Peruvian legislation only imposed mandatory pre-notification and clearance requirements for vertical or horizontal concentrations occurring in the fields of electricity generation, transmission or distribution (Law No 26876, the Antitrust and Anti-oligopoly Law for the Electricity Sector, the AAL). The AAL and the Urgency Decree No 13/2019 were abrogated once the MCL came into in force.

Concentrations occurring prior to the entry into force of the MCL were not be subject to administrative

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Jurisdiction(s):
United Kingdom
Key definition:
Merger control definition
What does Merger control mean?

The merger control rules of the UK are contained in the enterprise Act 2002, as amended. Under the UK merger control rules, the competition and markets authority has jurisdiction to review both completed and anticipated merger transactions provided there is a ‘relevant merger situation’. The UK rules do not generally apply to mergers in relation to which the European Commission has exclusive jurisdiction under the EU Merger Regulation. Where the transaction falls within the scope of any national or supranational (eg the EU or COMESA) merger control rules, it is common for the parties to the agreement to agree that the transaction shall be conditional upon merger control approvals having been received and no relevant competition authority having raised objections to the transaction (Enterprise Act 2002).

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