Competition and antitrust in Peru
Bullard Falla Ezcurra Abogados
Bullard Falla Ezcurra Abogados is an undisputed leader in the field, the result of 'deep legal knowledge', 'excellent professionals' and 'quality of work'. The team stands out for its market knowledge and practical advice and is enhanced by economists within the team who are specialised in antitrust and economic analysis and regulation. The firm plays a key role in the sector's legal developments in Peru, leading the first ever leniency case back in 2017, for example, and advises global companies and domestic leaders on big-ticket antitrust investigations and arbitration. Alejandro Falla and Eduardo Quintana lead a team of seven associates among whom senior associate Lucía Villarán -formerly of telecoms regulator OSIPTEL and the World Bank- is particularly noteworthy. Indeed, much of team has pubic sector exprience at various regulatory authorities and name partner Alfredo Bullard is a former president of Peru's competition and intellectual property authority, INDECOPI. Bullard is praised or his 'excellent advice, not only from a theoretical point of view, but its application in practice'.
Payet, Rey, Cauvi, Pérez Abogados is at the forefront among full-service law firms in this arena, the result of many years' focus on the sector and the almost-unrivalled expertise of practice head Carlos A. Patrón. The firm's client base speaks for itself: Graña y Montero, América Móvil Perú, Intercorp Management, Banco de Crédito del Perú and Lima Gas are among a raft of leading domestic companies instructing the firm. Publishable highlights include acting for Compañía Latinoamericana de Radiodifusión in an investigation by telecoms regulator OSIPTEL into alleged vertical agreements regarding cable television, and representing industrial company Tecnológica de Alimentos in a competition-authority investigation into a possible cartel in the purchasing of raw material. A strong bench of associates includes Julia Loret de Mola , Giancarlo Baella and David Kuroiwa, all of whom are well regarded.
Diez Canseco Competencia & PI
Diez Canseco Competencia & PI continues to flourish, scooping a stellar list of new clients in the past year such as Telefónica del Perú, Alicorp, Petroperú and AméricaMóvil. UNACEM is another recent gain, which the team successfully defended against claims of abuse of dominant position and unfair competition, a case led by office managing partner Robert Venero. Other work includes a the design of a competition compliance programme for Solgas, and acting for PESCA on the appeal of against a record fine from INDECOPI for an alleged price cartel in the natural gas vehicle market. Name partner and 'very good lawyer' Luis Diez Canseco is widely respected, with experienced José Carlos Gonzáles completing the partner line-up.
Practice head Teresa Tovar Mena is 'very up to date with the issues that concern authorities and companies', while she and her team at Estudio Echecopar member firm of Baker McKenzie International are 'professionals of the highest level' and 'focused on the client's needs'. Senior associate Viviana Chavez Bravo is 'very clear' and provides 'commercial solutions' while Crosbby Buleje Diaz, previously at Casahierro Abogados and Muñiz, Olaya, Meléndez, Castro, Ono & Herrera Abogados, has 'passion for the issues he handles'. The team is advising América Móvil Perú in unfair competition proceedings before INDECOPI, and acting for Compañía Marítima Chilena in alleged cartel proceedings concerning the maritime transport of vehicles. Global companies from the healthcare and electronics sectors are clients.
Miranda & Amado handles high-profile and business-critical antitrust cases for some major domestic and international companies, with issues ranging from collusion to price fixing, for example. Head of practice Enrique Felices brings over 20 years' competition law experience to the team, including time in the public sector at INDECOPI, as well as at the OECD (as special presidential envoy). A well-resourced associate bench was boosted with the hire of senior associate Fiorella Zumaeta from top tier firm Bullard Falla Ezcurra Abogados. However the team has lost the niche expertise in telecoms and gas brought by Luis Vinatea, who departed to establish labour boutique Vinatea & Toyama in August 2019. Representative practice clients include Telefónica del Perú, Repsol Comercial and Inca Rail.
Muñiz, Olaya, Meléndez, Castro, Ono & Herrera Abogados is 'extremely knowledgeable about the administration of unfair trade laws in Peru' and advises on all aspects of antitrust, unfair competition, consumer protection and advertising law. Pierino Stucchi and senior associate José Antonio Bezada are singled-out as 'excellent lawyers' and both have past experience at competition authority INDECOPI, as do many of the 14-lawyer team. An expanding caseload includes acting for Coesti, a subsidiary of Primax, in alleged price-fixing of liquefied petroleum gas, and defending Nestlé in sanctioning proceedings before INDECOPI concerning the composition of its chocolate. Other clients include Abbot Laboratories, Bayer and recent gain, General Motors.
Estudio Olaechea has a solid practice advising on matters ranging from leniency proceedings and antitrust disputes to everyday compliance advice. The versatile Martín Serkovic 'always provides efficient solutions' and leads a team of four associates, of whom Jean Francois Deville is particularly experienced. In a case currently awaiting a decision from the Supreme Court, the pair are advising cleaning products-multinational, Clorox, regarding alleged vertical collusive practices with supplier Quimpac. Serkovic and Deville are also acting for shipping company Compañía Sudamericana de Vapores (CSAV) in proceedings concerning alleged collusive practices in the transport of rolling cargo.
Lawyers at Rodrigo, Elías & Medrano – Abogados 'work superbly as a team' and provide 'strong arguments based on facts and in-depth legal analysis'. It utilises the skills of cross-departmental practitioners as opposed to full-time competition law specialists, led by regulatory and energy partner Verónica Sattler, who 'masters the theory, knows antitrust cases well and sets up the strategy'. She is leading advice to Mitsui O.S.K. Lines (MOL) in INDECOPI proceedings concerning alleged bid-rigging, market repartition and price fixing in the 'roll on–roll off' cargo market. Fellow regulatory and energy specialist María Teresa Quiñones left to establish Quiñones Alayza Abogados.
Baxel Consultores is a fledgling practice comprised of 'young but greatly experienced partners'. It has hit the ground running, acting for a number of blue-chip clients such as Mastercard, Philip Morris, Telefónica del Perú and PDC Representaciones (which represents FIFA in Peru), advising on everyday competition matters, advertising regulatory and consumer protection law. Christian Chávez Verastegui leads the team, which includes Carlos Rojas Klauer, former co-head of the practice at Lazo, De Romaña & CMB Abogados. Clients 'really feel they know the process and are fully committed in every single issue'.
Experienced competition lawyer Maria Delia Oxley leads a small but able team at CMS Grau, where the global network ensures exposure to high-quality clients and valuable international knowhow. Facebook Ireland is a client gain this year, while Air France, Ferrero Roche and Hipermercados Tottus are on the practice group's existing roster. The firm acted for Unilever Andina Peru in a claim concerning alleged misleading advertising by rival Procter & Gamble Perú.
At Hernández & Cía. Abogados , clients praise the 'holistic solutions' and 'broad vision' provided by the team. Competition and intellectual property specialist Enrique Cavero Safra leads the team and is praised for his 'deep knowledge' and commercial awareness. With strengths in consumer protection and trade barriers, the firm provides day-to-day advice to an impressive array of clients such as Viettel Peru - Bitel, Scotiabank and Procter & Gamble.
Competition and intellectual property boutique León e Iparraguirre Abogados represents private companies, government entities, non-profit organisations and individuals. Luis Miguel León and Gianfranco Iparraguirre lead a 'fine team' that 'gets to know our business' say clients who also appreciate the partners' hands-on approach. It is defending Scotiabank in various consumer protection proceedings before INDECOPI, and successfully advised Industrias Alimenticias Cusco (INCASUR) in high-profile, multiparty proceedings concerning the composition of chocolate.
Sole practitioner Eliana Lesem has an impressive pedigree, having previously worked at market leaders Bullard Falla Ezcurra Abogados, been a former practice head at Muñiz, Olaya, Meléndez, Castro, Ono & Herrera Abogados and also Competition Tribunal head at INDECOPI. Unsurprisingly, her micro-boutique Lesem Complaw punches above its weight; recently, for example, successfully defending key client Colgate Palmolive Perú in proceedings concerning its Protex soap brand and an associated advertising claim. Other matters include advising Compañía Nacional de Chocolates Perú on an INDECOPI investigation into the chocolate sector. Intursa, Cantol / Tecnopress, Advantage Creative Marketing, Instituto Franklin Delano and UVK Multicines are also clients.
Martinot Abogados has 'excellent knowledge of the competition topic' and provides 'unparalleled customer service' to clients such as Minera Las Bambas, Core Capital SAFI and Contacto Corresdores de Seguros, among others. Recent matters include the successful repreentation of Compañia Nacional de Chocolates de Peru in unfair competition proceedings brought against rival Chocolates Gure for an aggressive advertising campaign. Senior associate Jessica Hondermann heads the practice and is an 'excellent professional' who provides 'fast answers'.
Lazo, De Romaña Abogados
Lazo & De Romaña Abogados has traditionally fielded a strong team in this sector, but lost both co-heads of the practice during the year: Joselyn Olaechea, formerly of INDECOPI, left to pursue consultancy opportunities; she was proceeded by senior associate Carlos Rojas, who departed to join the partnership of Baxel Consultores. At the time of writing, name partner Jorge Lazo was overseeing the practice. The client base includes major companies and public bodies, such as Facebook, Mediterranean Shipping Company (MSC) and the Ministry of Transport and Communications, which instruct the firm for competition advisory work, such as compliance programs. Contentious matters include representing Zeta Gas Andino on the appeal of a $1.5m fine for alleged cartel practices relating to the price of liquified petroleum gas cylinders.