Undisputed leader in the field, Bullard Falla Ezcurra Abogados draws widespread praise from clients and peers for the depth of its regulatory knowhow and strategic skill in antitrust disputes, both before INDECOPI and on the international stage. It is currently representing a major company in an alleged bid-rigging dispute where potential contracts run into multi-billions of dollars. Other work includes a successful merger filing on behalf of a leading electricity company and the appeal of a vertical collusive practice judgement made by regulator OSIPTEL in the media sector. The team boasts multiple elite practitioners: Alejandro Falla, who specialises in regulatory, antitrust and administrative law, as does Eduardo Quintana, who led the advice on the merger control matter, above; and the more junior Lucía Villarán, formerly part of the competition policy team of the World Bank.
Competition and antitrust in Peru
Bullard Falla Ezcurra Abogados
Alejandro Falla Lima; Eduardo Quintana; Lucía Villaran
Showcasing its expertise with a broad array of mandates, Diez Canseco Competencia & PI advises across the board of competition and antitrust matters. Impressively, it was consulted by electricity distributor Luz del Sur with respect to the merger-control application following its high-profile, $3.4bn acquisition in 2020 by China Yangtze Power. Antitrust work includes acting for COFCO Americas Resources Corporation in an investigation conducted by the Peruvian Competition Authority regarding subsidies for yellow corn from the US. Luis Diez Canseco has many years’ experience in public and private practice service, including roles on the appeal tribunal at INDECOPI. He is supported by a ten-strong team, including stand-out partners Robert Venero and José Carlos Gonzáles, who co-lead the practice. The expanding team welcomed new partner Tommy Deza Sandoval in 2021, who brings an administrative law background and public sector experience. Since publication, the team has been significantly strengthened: first with the February-2022 hire of Omar Alvarado, a former senior associate at Miranda & Amado whose practice also takes in IP matters; and subsequently with the June-2022 arrival of Roxana Arellano García, whose experience includes over 15 years at INDECOPI, most recently as the technical secretary of the organisation’s Competition Court. Both arrive as partners.
Luis Diez Canseco; Robert Venero; Jose Gonzales
‘Its strengths are its ability to analyse and define legal strategy. They have clarity and a business sense and without losing the legal accuracy.’
‘Mix of experience, knowledge and intelligence in approaching and looking at business.’
Unión Andina de Cementos (UNACEM)
Lima Airport Partners
Peruana de Combustibles (PECSA)
Productos Roche QF
Procter & Gamble
Petróleos del Perú (Petroperú)
SGS del Perú
Asociación de Empresas Inmobiliarias del Perú
Huawei del Perú
Grupo Coronel (Multiservicios Chiclayo Estación de Servicios Pecoline)
Luz del Sur
La City Desarrollo Inmobiliario
Asociación Peruana de Avicultura (APA)
Asociación de Cementos del Perú (Asocem)
- Advised COFCO Americas Resources Corporation in an investigation conducted by the Peruvian Competition Authority for practices of subsidies to yellow corn from the US.
- Advised both Lima Airport Partners (LAP) and Safe Bag Latam Perú in a pledge for unfair competition practices regarding the luggage packing service at the Jorge Chavez International Airport.
- Advised Luz del Sur and Inland Energy in the merger control proceedings to authorise their acquisition.
Muñiz, Olaya, Meléndez, Castro, Ono & Herrera Abogados continues to expand its practice, recruiting heavily at associate level to keep apace with burgeoning instructions. An extensive client roster includes well-known domestic and international companies, such as LG Electronics (recent gain), Abbot and Nestlé, all represented during the past year, and the firm successfully won an unfair competition proceeding before INDECOPI against Clorox on behalf of Reckitt Benckiser Peru. Pierino Stucchi leads on the majority of key mandates and heads the practice, supported by a well-resourced team that includes José Antonio Bezada, who is client partner to several of the practice's most high-profile clients. At associate level, senior Carlos Rodas shines for his consistent contribution on key matters and is praised by clients.
Jorge Muñiz; Pierino Stucchi
‘Really outstanding lawyers in their specialties. With a great sense of responsibility towards their clients, always concerned with providing advice in a timely manner. Very thorough and well-supported answers.’
‘The firm’s best qualities: high expertise, concrete and grounded advice on customer needs, adequate response time management. Recommend: Jose Antonio Bezada, Raul Alosilla, Fernando Ballon, Eliane Zambrano and Pierino Stucchi.’
‘In our M&A transaction last year, we worked with Estudio Muniz to overcome many difficulties in antitrust review during the national emergency in Peru due to Covid-19. The team, including Pierino Stucchi, Raul Alosilla and Jose Antonio Bezada, showed their professional legal knowledge of the antitrust sector, their great initiative and innovation and their dedication to work. Facing difficulties, they never say no, but try their best to resolve the problems and gave us new ideas. They contributed greatly to the success of our transaction.’
‘A first class team.’
‘Very solid with continuity.’
‘Muniz is a large firm with the capacity to support and function as a boutique firm; despite its large size, its advice is highly focused on business needs.’
‘Our advisers Carlos Rodas, Jorge Muñiz and Jose Bezada have made our work experience unmatched and I could say that it is one of the best law firms in Latin America. Jorge Muñiz and Carlos Rodas in particular are excellent.’
‘The knowledge and specialisation, added to their experience, ensure their advice and lines of action give security to the client.’
China Yangtze Power International (Hongkong)
China Three Gorges Corporation
Archer Daniels Midland Company
Honda del Peru
Constructora Malaga Hermanos
Corporación Lindley S.A. (Coca-Cola Company exclusive bottler in Peru)
Reckitt Benckiser Peru
Universidad Peruana de Ciencias Aplicadas – UPC (Laureate International Group University)
- Advised China Yangtze Power International (Hong Kong) and China Three Gorges Corporation on the administrative antitrust procedure for prior approval of the acquisition of the electric distribution company Luz del Sur.
- Advised US Grain Council and Archer Daniels Midland Company in a subsidy investigation procedure initiated by INDECOPI to determine whether it was appropriate to apply countervailing duties to yellow corn from the US.
- Successfully represented Reckitt Benckiser Perú in the complaint procedure before INDECOPI against Clorox Peru for acts of unfair competition in the form of deception.
The widely-revered practice at Payet, Rey, Cauvi, Pérez Abogados stands out for its expertise and track record in the most complex and business-critical antitrust and competition matters in Peru. It is no surprise then, that it is handling one of the most high-profile matters in the country’s recent history: acting for Graña y Montero in allegations of bid rigging in public procurement processes, a case entwined with the infamous, Latin American-wide, ‘Lavo Jato’ scandal. The firm’s eminence in this practice area is credited to practice head Carlos A. Patrón, who is a ‘true expert – both his experience and his great knowledge allow him to make the best decisions‘. His team of nine well-trained associates include principals Julia Loret de Mola, David Kuroiwa and Giancarlo Baella, who all play indispensable roles on lead matters and ‘stand out in relation to other firms’. Since publication, Loret de Mola has been raised to the partnership - effective January 2022.
Carlos A. Patrón
‘The team is very professional. They are true experts on the subject. We have had magnificent results.’
‘Carlos Patrón is a true expert. Both his experience and his great knowledge allow him to make the best decisions. David Kuroiwa also has great experience. He is very diligent and a great disciple of Carlos.’
‘Updated in jurisprudence, doctrine and new legislation on the matter; with knowledge of the law applied to busines.‘
‘Their efficiency and up-to-date knowledge stand out.’
‘The attorneys that make up the team have a very deep understanding of business and a strong concept of customer service.’
‘Carlos Patron is a very intelligent and practical lawyer. He talks to the customer in a way that he understands. Giancarlo Baella anticipates situations and is always available.’
‘Payet’s competition team handles processes before the free competition authority in Peru, Indecopi. It does so in a very agile way and knows how to identify risks and fund issues relevant to defence.’
‘Carlos Patrón understands the reality of the business very well and knows how to adapt his legal advice, taking this into account. David Kuroiwa, Giancarlo Baella and Julia Loret de Mola are the associates who stand out in relation to other firms.’
Compañía Latinoamericana de Radiodifusión
Graña y Montero (AENZA)
Grupo Intercorp (Supermercados Peruanos, Tiendas Peruanas, Homecenters Peruanos)
América Móvil Perú
Oncosalud (Grupo Auna)
Línea Amarilla (LAMSAC)
Enel Generación Perú
- Advising a client from the retail sector on a preliminary investigation initiated ex-officio by the Peruvian Competition Commission regarding possible horizontal price-fixing, hub-and-spoke and coordinated practices in the retail market regarding food and beverage products.
- Advising a pharmaceutical client on a preliminary investigation initiated ex-officio by the Peruvian Competition Commission regarding possible abuse of dominant position practices in the pharmaceutical market.
- Acting for Graña y Montero in an investigative and fining procedure initiated ex-officio by the Peruvian Competition Commission, related to possible bid rigging in public procurement processes for construction, rehabilitation, and maintenance of roads, during the period between 2002 and 2016.
Estudio Echecopar member firm of Baker McKenzie International
Estudio Echecopar member firm of Baker McKenzie International fields a compact but expert team led by Teresa Tovar Mena, a leading practitioner, praised for both her knowledge and experience, including niche capability in the TMT sector. She is supported by some talented associates, in particular, Viviana Chavez Bravo and Crosbby Buleje Diaz, noted for their clarity and technical knowledge respectively. While the practice advises across the board as regards competition issues, it is favoured option for antitrust litigation, cartel issues, compliance and audits, distribution, abuse of dominant position matters, monopolisation and marketing and advertising law. América Móvil Perú, Merck Peruana and Gloria Group all instruct the firm.
Teresa Tovar Mena
‘It is an innovative firm that has developed design thinking as the basis of its attention to its external clients, they have adapted to the situation and the quality of the service has not decreased. Without a doubt it is one of the leading firms in the market.’
‘Crosbby Buleje – as a company we are very satisfied with his professionalism and level of responses to our queries.’
‘They are good leaders and technicians and they try to focus on the customer; they give good service, they have good communication.’
‘I rate the work of Teresa Tovar, who has a lot of experience and knowledge; Viviana Chavez, who is very clear and focused on the client; and Crosbby Buleje, who has a lot of technical knowledge of the matter.’
Compañía Marítima Chilena
América Móvil Perú
Mead Johnson Nutrition Peru
Corporación Aceros Arequipa
- Representing Compañía Marítima Chilena (CMC) in proceedings filed by the Competition Authority related to an alleged cartel in the market of maritime transport of vehicles (consisting of an alleged mutual respect of accounts/clients, which would have led to the increase of rates).
- Instructed by Corporación Aceros Arequipa (Aceros Arequipa) to prepare an extensive report regarding the many types of conduct performed by its competitors in order to evaluate if the company had a legal basis to file a claim following a 10% loss of market share.
- Representing Perufarma in two investigations conducted by INDECOPI’s Technical Secretariat of Commission for the Repression of Unfair Competition due to alleged infringements of advertising law.
An impressive client roster at Miranda & Amado, comprising leading companies from both home and abroad -such as Grupo Repsol, Telefónica del Perú and Alicorp- are testament to the calibre of practice at the firm. Current mandates include representing cleaning-products giant, Clorox, in investigation and sanctioning procedures initiated by INDECOPI concerning contaminated Poett-brand products (potentially involving the largest product recall in Peru’s history). Practice head Enrique Felices has deep experience in the field, and is praised for his commitment, assertive style, accessibility and analytical skills. Among associates of note is senior Fiorella Zumaeta, who is assisting with the Clorox case and other key mandates. Since publication, Zumaeta has been raised to the partnership – effective January 2022; however, senior associate Omar Alvarado has left the firm.
‘The degree of commitment and availability at all times. An adequate sense of urgency. High level of experience. High ability to discern regarding future consequences.’
‘Enrique Felices is committed, experienced, creates good client relationships, proposes different scenarios, has good accessibility and analytical skills, is flexible, patient and assertive.‘
‘Miranda’s practice manages the processes of free competition and regulation for large Peruvian corporations. Enrique Felices and Fiorella Zumaeta are notable. They know how to approach the strategic issues of the clients in an integrated way with the legal aspects of a case.’
Telefónica del Perú
Kawasaki Kisen Kaisha
- Advising Clorox on the investigation and sanctioning procedures initiated by INDECOPI in connection with contaminated Poett-brand products.
- Advising Colfax’s Peruvian subsidiary,welding prodicts producer Soldex, in an unfair competition procedure initiated against two companies that distribute welding products in the Peruvian market for the commission of acts of sabotage and the breach of commercial good faith.
- Representing Telefónica before INDECOPI and OSIPTEL in two unfair competition procedures concerning advertising matters and regulatory infringements, initiated by the company against América Móvil, one of its main competitors in the mobile market; as well as in two other, additiona,l unfair competition procedures related to advertising matters against competitor Viettel Perú.
Household-name global companies and leading domestics instruct Baxel Consultores, a burgeoning boutique specialising in competition, regulation, TMT and arbitration. They include Philip Morris, Mastercard, Telefónica del Perú and Alicorp. Four partners at the firm specialise in this field, led by Christian Chávez Verastegui and Carlos Rojas Klauer, who are both gaining stature in the market - notably, the firm receives referral work from some tier one practices when conflict scenarios arise. Of particular interest is the firm's role in investigations into bid-rigging within the construction industry and price fixing in the energy sector.
Christian Chávez Verastegui; Carlos Rojas Klauer
‘They are a young team committed to their work. They convey enthusiasm for what they do.’
‘Carlos Rojas is enthusiastic and intellectually curious. Christian Chavez is responsible and involved with the assignment.’
‘In addition to having experience in the public sector, the firm knows how the standards are applied in practice, their service is personalised and they serve the customer according to their needs. There is always a partner in charge of customer service.’
‘They are a very dynamic, multidisciplinary, young and innovative team.’
‘Very good technicians in their specialties, but they are also modern, flexible and dynamic. I love working with them because of their flexibility to adapt to new situations and their innovative ideas. Carlos Rojas is our point of contact and we love working with him. Carlos is always very successful, fast and very creative in finding solutions that apply to our sector. The firm is undoubtedly an essential ally for our business for sensitive and complex issues. Cristian Chavez also stands out for his knowledge and legal ability.’
Telefónica del Perú
Toyota del Perú
Open Plaza (Grupo Falabella)
Banco de Crédito del Perú (BCP)
Grupo de Gestión (Llama Gas)
- Advising Telefónica del Perú on unfair competition, advertising regulation, consumer protection, and competition law.
- Ongoing advice provided to Mastercard regarding competition, advertising regulation and consumer protection law, including during the design of new products and services.
- Representing Alicorp on competition, advertising regulation and consumer protection law, including advice on relationships with suppliers, joint ventures, advertising campaigns and sales of key products.
CMS Grau is particularly strong on advertising law and consumer protection, handling an array of contentious and non-contentious matters across a broad variety of sectors, including retail, banks and airlines. The team is well-placed to capitalise on future merger control work following introduction of new legislation in Peru in 2021, due to its extensive international network of offices and resulting know-how and experience of colleagues abroad. Head of practice Maria Delia Oxley leads the vast majority of key matters within the practice, while co-head Ramón Huapaya, who also leads the public law practice at the firm, plays a lesser role but contributes invaluable regulatory experience.
María Delia Oxley; Ramón Huapaya
Inmobiliaria Miraflores Peru
Soluciones Inmobiliarias Morada
- Advising on a varietry of unfair competition matters.
- Advising on service restrictions as a consequence of the declaration of national emergency due to Covid-19, on occasion involving the analysis of implications regarding antitrust and the application of the government’s exclusivity clauses.
- Advising Soluciones Morada on its strategy to comply with the legal requirements regarding the Consumer Protection Code on its new webpage.
Demonstrating its strength in the consumer protection and advertising aspects of competition practice, Hernández & Cía. Abogados acts for a balance of domestic heavyweights and well-known international companies, such as Hasbro, Asics, Whirlpool, Scotiabank and Viettel Peru - Bitel. Notably, it is advising the latter in advertising litigation against competitors Telefónica, Claro and Entel, as well as in separate proceedings before the Trade Barriers Commission of INDECOPI. Enrique Cavero is recognised for his sector expertise in technology and telecoms, as well as broader expertise in competition and antitrust matters. He leads a small team of four associates.
‘Hernández & Cía’s practice stands out for its interaction with the client. They have a great facility to understand the interests and concerns of a company in sanctioning procedures. They also have the support of a highly-specialised team.’
‘Enrique Cavero is an outstanding leader who coordinates his team in an excellent way, knowing how to take advantage of their strengths, in addition to complementing them, thus perfecting the work. Carlos Holguin is one of the lawyers with the best client treatment we have worked with, in addition to having vast knowledge of the area. Claudia Legua is a new associate in the team, who has shown great aptitude by participating in our procedures.’
‘The experience and knowledge stand out. Carlos Holguin: knowledge and experience, quick responses and level of commitment. Enrique Cavero: extensive experience.’
Viettel Peru – Bitel
Universidad San Ignacio de Loyola (USIL)
Procter & Gamble
Consorcio Futbol Perú
Association of National Advertisers
EF Education First
Inmuebles Panamericana (Parque Arauco)
- Representing Bitel in four key advertising litigation proceedings involving competitors Telefónica, Claro and Entel; additionally, representing the client in two proceedings before the Trade Barriers Commission of INDECOPI against OSIPTEL (the telecoms regulator) and RENIEC (the Personal Public Records Database).
- Successfully represented Procter & Gamble (P&G) in an advertising lawsuit with competitor Intradevco, before the Unfair Competition Commission of INDECOPI; and led the successful defence of P&G in various consumer claims involving brands Old Spice and Gillette.
- Advised Interseguro in ex-officio proceedings by INDECOPI involving a consumer protection regulatory audit on e-mail advertising, obtaining a fine reduction.
León e Iparraguirre Abogados
León e Iparraguirre Abogados acts for domestic and international private and public companies, non-profit organisations and individuals. The competition and public law boutique is particularly in demand in the consumer law and advertising sphere, although it also handles a significant number of antitrust cases initiated by regulator INDECOPI. It is defending State-owned electricity distributor Sociedad Eléctrica Del Sur Oeste (SEAL) in proceedings initiated by the authority concerning abuse of dominant market-position, alleged by a competitor company. Partners Luis Miguel León and Gianfranco Iparraguirre have a growing profile in the market and are noted for their hands-on service.
Luis Miguel León; Gianfranco Iparraguirre
‘Their strong points are their experience and extensive knowledge, as well as the kindness with which they attend to requests.’
‘To highlight: personalised attention, willingness to listen to the client, a lot of expertise in consulting matters, empathic, close to the client and with a great willingness to listen. Luis Miguel León and Gianfranco Iparraguirre stand out.’
Sociedad Eléctrica del Sur Oeste (SEAL)
Aba Singer & Cía, Inversiones Korioto, Asesoría Comercial, Estación Pachacútec, Estación Santa Margherita, Jorge Valente and Ignacio Sánchez
Inkaferro Perú; Inkaferro Perú Selva; Arcelor Mittal Brasil
Tiendas del Mejoramiento del Hogar, Saga Falabella, Hipermercados Tottus, Entel Perú, Conecta Retail
LATAM Airlines Peru
Conecta Retail, Financiera Efectiva, Total Artefactos, Motocorp and Conecta Selva
Praxair Perú, Covidien Perú, Diveimport, Inmobiliaria y Constructora Marcan, Binda Ingenieros, Shock MKT, BBVA Banco Continental, Asociación de la Industria de Bebidas y Refrescos sin Alcohol, Crediscotia Financiera, Kimberly – Clark Perú, Universidad de Tecnología e Ingeniería (UTEC), Toyota del Perú, IngoCasa Peru and Armas-Doomo
Promotora Inmobiliaria, Cúpula Inmobiliaria
BBVA Banco Continental
- Advised Corporación Gráfica Navarrete in a high-value antitrust procedure.
- Advised Sociedad Eléctrica del Sur Oeste (SEAL) in a significant-value antitrust procedure.
- Advised Tiendas del Mejoramiento del Hogar, Saga Falabella, Hipermercados Tottus and Entel Perú in a consumer protection procedure.
Estudio Olaechea has traditionally been involved in landmark and high-profile antitrust disputes, both before the regulatory bodies and the courts, and currently awaits the decision of the Supreme Court on behalf of client Clorox Peru concerning alleged vertical collusive practices. The small but capable team, led by versatile partner Martín Serkovic, advises a number of household name international companies on compliance, leniency proceedings and a variety of other anti-competitive behaviours' issues - they include Google Peru and Michelin Del Peru. The practice's sector focus includes technology, life sciences, media, retail and aviation.
Compañía Sudamericana De Vapores (CSAV)
Michelin Del Peru
Amcor Rigid Plastics
Booking Del Peru
- Advising Clorox on an anticompetitive charge filed by two competitors, Dispra and Gromul, before the Peruvian Competition Authority against both the company sodium hypochlorite supplier, Quimpac, due to an exclusivity agreement signed by the two companies.
- Assessed the client on the implementation of a new strategy on one of its platforms in order to grant access to several users; the advisory included analysis of the Peruvian antitrust framework and the rulings of the competition agency.
- Ongoing advice to major regional sipping corporation, Compañía Sudamericana De Vapores, in the first leniency case handled by the antitrust authority in Peru
Energy and regulatory specialist Verónica Sattler heads the practice at Rodrigo, Elías & Medrano – Abogados giving it a proven track record of electricity sector merger-clearance work; it acted for seller Sempra Energy on the clearance of its landmark, $3.5bn sale of Luz del Sur to China Yangtze Power International. This experience will no doubt stand the team in good stead as merger clearance work expands across other sectors. In the meantime, work is typically transactional, advisory and compliance-related, although the firm is handling an abuse of dominant position case on behalf of a major company. Key advisers also include Alejandro Manayalle and counsel María del Rosario Quiroga.
‘They have presence and an ability to deal with the counterpart, as well as experience. The counterpart knows who they are dealing with.’
‘Veronica Sattler is recognised in the market, her presence gives an important help to the positioning of the company.’
‘Associates and partners are of an excellent level, whichever the topic. Very attentive partner who knows the needs from a management point of view and then go into detail with specialists, always efficient.’
‘They understand fully our business needs, and guide us to the best solution available through a mix of comprehensive and precise detail, very efficient, grasps the client’s needs and comes up with solutions.‘
Sempra Energy International
Luz del Sur
Nexa Resources Cajamarquilla
Castrol Caribbean & Central America
Compañía Minera Antamin
- Advised Sempra Energy on all matters related to the granting of merger clearance by INDECOPI for the $3.5bn sale of Sempra’s stake in Luz del Sur (Peru’s largest electricity distribution company) and Inland Energy (electricity generation).
- Represented Visa in ‘competition advocacy’ proceedings initiated by the Peruvian Antitrust Authority with the purpose of issuing a market study on payment card systems in Peru and its competitive conditions.
- Regular advice to Luz del Sur with regard to antitrust-related matters and design strategies (involving competition matters) in order to facilitate expansion of Luz del Sur’s infrastructure and services.
Although the bulk of this firm's competition practice focuses on the power sector, Santiváñez Abogados brings valuable merger-control and wider antitrust and competition experience to the market and is capable of advising other sectors. Known for its specialisation in electricity matters, the firm is acting for Electro Dunas in investigations of abuse of dominant by the antitrust commission, successfully defending the company at first instance; now on appeal, the matter has a potential fine of $1.24m plus 12% of the gross income of the company. While firm managing partner Roberto Santivañez heads the practice, specialist competition expertise is provided by experienced partner Percy Samaniego, who advises on both the merger control and litigious/administrative proceedings.
Sociedad Eléctrica del Sur Oeste
Empresa Regional de Servicio Público de Electricidad del Norte
- Successfully defended Electro Dunas in an administrative complaint of unfair competition before the Peruvian competition authority, filed by a generation and commercialisation company.
- Successfully advised Sociedad Eléctrica del Sur Oeste (SEAL) in an administrative claim for unfair competition before the Peruvian competition authority, filed by a generation and commercialisation company.
- Advised Empresa Regional de Servicio Público de Electricidad del Norte (Electronorte) in a complaint before the antitrust agency for alleged abuse of dominant position in the form of discrimination.