Competition and antitrust in Peru
Bullard Falla Ezcurra Abogados
Bullard Falla Ezcurra Abogados is a dominant force in the competition and antitrust arena, a specialist boutique that focuses on competition, regulatory and arbitration work. Marking its 20th year in 2020, the firm has remained at the forefront of legal developments in this field, advising on landmark matters concerning free competition, unfair competition, advertising, removal of bureaucratic barriers and consumer protection, among others. Clients include regulatory bodies including the competition regulator itself, INDECOPI, telecoms regulator OSIPTEL, energy and mining regulator OSINERGMIN and transport and infrastructure regulator OSITRAN. Alejandro Falla and Eduardo Quintana, both leading individuals in the market, comprise the leadership team, while a large bank of highly-capable associates include Lucía Villarán, noted for her experience in-house at both OSIPTEL and the World Bank.
Diez Canseco Competencia & PI
Diez Canseco Competencia & PI is the preferred adviser to a multitude of industry-leading companies seeking damage prevention, limitation and defence strategies across the spectrum of antitrust and competition matters. The firm is handling compliance reviews for the likes of UNACEM, Gloria Group and Alicorp, and successfully concluded proceedings before INDECOPI on behalf of Roche in a long-running competition dispute with pharmaceutical company Farmaindustria after taking over the case from another law firm. The strong trio of partners at the helm comprise: Luis Diez Canseco, who provides 'practical and strategic solutions’; litigator Robert Venero; and José Carlos Gonzáles, who has 'deep knowledge’ of competition law. Moreover, the team has been substantially strengthened, initially in March 2020 with the arrival of associate Verónica Carrasco, from Rubio Leguía Normand, and senior Danny Alcarraz from OSIPTEL; and subsequently (in May) with the incorporation of Daniel Schmerler as a partner - formerly at both OSINERGMIN and Indecopi, he arrives from the presidency of the International Confederation of Energy Regulators.
‘They are a team of professionals with a lot of experience. They are always on the look out for customer enquiries and respond quickly and clearly to every question. They combine a solid experience in the market with careful attention and dedication to each matter. The commitment to the client is remarkable, there is always a partner in charge or monitoring each client matter.’
‘We highlight Luis Diez Canseco who has a solid reputation and experience of more than 30 years’ of practice. He provides practical and strategic solutions for each client’s need. He is a prestigious professional in the Peruvian market. Likewise, his partner José Carlos Gonzáles stands out and has a deep knowledge of competition law, providing specific and detailed solutions.’
‘The team is highly trained and has command of the topics of their specialty.’
‘The lawyers at Diez Canseco Competencia & PI have extensive knowledge of free competition law and are updating it day by day. It is in this sense that we have preferred to rely on their work to that of other law firms since they provide us with real and current solutions considering the latest pronouncements of the authority, allowing us to anticipate eventual sanctioning procedures.’
‘José Carlos Gonzáles is a partner and the main manager of all our consultations and legal assignments. He knows the detailed operation of our business and that facilitates the analysis that must be carried out. Likewise, he anticipates risks that could affect the operation of our business and in turn provides us with the solution.’
Telefónica del Perú
Productos Roche QF
Procter & Gamble
SGS del Perú
Petróleos del Perú – Petroperú
- Acted for Telefónica del Perú on the launch of a new telecoms product in compliance with abuse of dominance issues.
- Representing Peruana de Combustibles (PECSA) in an large-scale investigation and subsequent sanctions by INDECOPI regarding an alleged price cartel in the natural gas vehicle market, potential fine $40m.
- Successfully represented Productos Roche QF in its long-running competition dispute before the INDECOPI against pharmaceutical company Farmaindustria.
Muñiz, Olaya, Meléndez, Castro, Ono & Herrera Abogados earns elevation to tier one status with a proven track record of high-profile and business-critical market abuse cases for major companies, including price fixing, dumping and cartels within the construction, energy and retail sectors, to name a few. The firm's role as adviser to China Yangtze Power International/China Three Gorges (CTG) in its $3.6bn acquisition of electrical distribution company Luz del Sur and other companies from Sempra Energy saw the team successfully obtain merger clearance, despite CTG's existing participation in the Peruvian electricity market. Pierino Stucchi 'leads with excellence’ and is praised for his knowledge, 'both legal and practical’. The 'excellent work’ of José Antonio Bezada was rewarded with promotion to partner in 2020, resulting in two partner-level full-time specialists in the team. Key support comes from senior associates Carlos Rodas (whose experience includes over a decade in the public sector at INDECOPI and OSIPTEL), and Raúl Alosilla.
‘Pierino Stucchi and Raúl Alosilla are lawyers with a lot of experience in the sector. Very knowledgeable. Their record shows good results in several of the most important cases that the country has had.’
‘Very knowledgeable about Peru’s unfair trade laws and procedures. Very responsive to questions about Peruvian law and procedures.’
‘Solid, responsible, creative. Very efficient.’
‘This practice is very interesting as it has specialised and experienced lawyers. The dedication to service and the closeness and deep understanding of the challenges faced by its clients is quite high. I think they are above most local teams in other offices. The response time is quite good and the depth of their analysis is excellent.’
‘José Antonio Bezada, Raúl Alosilla, Pierino Stucchi and Carlos Rodas: the plus that makes these lawyers stand out is the ability they have to give concrete answers, which is exactly what is required. Their communications are complete and their advice comprehensive. The speed of the responses is also a point to highlight. Depth of knowledge, both theoretical and practical.’
‘They have a lot of knowledge and experience on these issues in both the public and private sectors.’
‘I recommend Pierino Stucchi. Great ability to give adequate advice. Having been legal manager of INDECOPI is a great advantage.’
ChinaYangtze Power International (Hong Kong)
China Three Gorges Corporation
Archer Daniels Mindland Company
Camara Argentina de Biocombustibles
Honda del Peru
- Successfully obtained merger clearance on behalf of China Yangtze Power International / China Three Gorges following its $3.6bn acquisition of companies, including Luz del Sur and Inland Energy, from Sempra Energy.
- Acting for San Martin Contratistas Generales in an investigation initiated by INDECOPI into alleged collusive practices within the real estate sector, concerning the adjudication of public infrastructure works in Peru.
- Advising Terpel Peru on its judicial appeal of a $33m fine by INDECOPI for allegedly participating in anticompetitive practices in the retail market of natural gas for vehicles in Lima, having not acted for the client in the first instance.
- Advising Camara Argentina de Biocombustible (CARBIO) – the main association of biofuel producers and exporters in Argentina – on the feasibility of initiating proceedings for the review of countervailing duties and antidumping measures imposed on Argentine biodiesel in 2018.
The 'outstanding’ team at Payet, Rey, Cauvi, Pérez Abogados continues to impress with a caseload of strategically key matters - such as price fixing, dominant position and cartel issues - for some of the country's largest companies. Undoubtedly, the success of the practice is due to 'brilliant’ Carlos A. Patrón, who 'knows his subject perfectly’ and is praised for his 'broad perspective’ that is not limited to the law. He steers a large bench of dependable associates among whom Julia Loret de Mola, David Kuroiwa and Giancarlo Baella shine for their client service and capability. The firm advises on all areas of administrative and judicial litigation, as well as compliance matters, and recently obtained a considerable reduction in fines on behalf of Lima Gas, accused of horizontal price fixing and coordinated practices in the domestic gas market.
‘The competition and antitrust team is outstanding. They have the ability to understand the issues that are presented to them quickly, they commit to their client, they have a great knowledge of the legislation and they transfer the information to you and explain the problems very easily. In general, they are like part of your internal team. They are the best attorneys I have ever worked with.’
‘Carlos Patrón is brilliant. He knows his subject perfectly, he explains the issues that are presented very clearly and he is committed to your case. He is the head of the area, but he has younger, capable attorneys on his team. I must especially highlight Giancarlo Baella, David Kuroiwa and Julia Loret de Mola.’
‘Payet, Rey, Cauvi, Pérez Abogados has the advantage that its size ensures a very high standard of service at all times. This differentiates it from the boutiques. In addition, the antitrust team is top-notch, and understands the customer’s needs very well. This last point most differentiates it from other large Peruvian firms.’
‘Carlos Patrón, who leads the antitrust practice, is a top-notch lawyer. He is very good at understanding the reality for the client, its objectives and its restrictions, and then how these affect or confirm its legal strategy. Furthermore, Carlos has a broader perspective that is not limited to the legal aspects of the case. For example, he has a good knowledge base of economic concepts, which allows for a more complete legal strategy.’
San Miguel Industrias PET (Nexus Group)
Compañía Latinoamericana de Radiodifusión
Lima Gas (Empresas Lipigas)
Línea Amarilla (LAMSAC)
América Móvil Perú
- Acted for Lima Gas in an investigation and fine by the Peruvian competition authority, INDECOPI, into alleged horizontal price fixing and coordinated practices in the domestic gas market, resulting in a 30% reduction in the fine imposed on the client.
- Advised San Miguel Industrias PET in an investigation initiated ex-officio by INDECOPI related to alleged horizontal agreements to allocate clients in the spot market of PET preforms.
- Advising Línea Amarilla (LAMSAC) in a fining procedure initiated by a consumer association before INDECOPI, related to alleged deceptive advertising on a road granted in a public concession to the client.
- Acted for Supermercados Peruanos in an investigation by INDECOPI into ralleged overpricing.
Estudio Echecopar member firm of Baker McKenzie International
Estudio Echecopar member firm of Baker McKenzie International 'performs excellently in this area', handling advisory and litigious competition and antitrust matters of the highest level. Few firms in the market offer the cross-border capability of this global firm, while in Lima, practice head Teresa Tovar Mena is highly experienced. Clients particularly rate her team's client dedication, efficiency and productivity. The firm reached a favourable conclusion for client America Móvil Peru in 2019, in its alleged misleading advertising proceedings before the INDECOPI. Senior associates Crosbby Buleje Diaz and Viviana Chavez Bravo are key members of the team.
‘Estudio Echecopar member firm of Baker McKenzie International is a firm that performs excellently in this area. I consider that it has an excellent track record and an impeccable ethic.’
‘The firm’s dedication to its clients is a plus and makes this law firm stand out. Likewise, it can be seen that Estudio Echecopar member firm of Baker McKenzie International stands out for its efficiency and productivity. I highlight the work of Teresa Tovar Mena and Crosbby Buleje Diaz.’
Compañía Marítima Chilena
América Móvil Perú
Mead Johnson Nutrition Peru
Fábrica de Chocolates La Ibérica
Corporación Aceros Arequipa
Azteca Comunicaciones Peru
- Acting for steel producer Corporación Aceros Arequipa in a potential $1.3m unfair competition claim against Miromina, which, the client alleges, is selling inferior construction materials leading to a loss of the client’s market share.
- Advised America Móvil Peru in sanctioning proceedings before INDECOPI initiated following a complaint by a competitor alleging misleading advertising concerning a specific telecoms service.
- Acting for LifeMiles, part of the Avianca Group, in respect of an investigation into loyalty programes within the air transportation industry.
Miranda & Amado
Miranda & Amado fields a strong team of 'outstanding lawyers’ led by the versatile Enrique Felices and a bench of knowledgeable associates, including the 'very sharp and responsive’ Fiorella Zumaeta. Strengthened by the plentiful sectoral expertise across this full-service firm, it is called upon for some high-profile and influential cases in the market. Recent mandates include representing Repsol Group in multiple cases concerning price fixing within the liquefied petroleum gas and natural gas markets, and acting for Telefónica del Perú in several cases against competitors concerning advertising infringement. Regulatory specialist Luis Vinatea left the firm in September 2019 to focus on his labour law practice at newly established boutique Vinatea & Toyama.
‘Miranda & Amado is involved in the main cases in Peru, so they have a very good level of expertise.’
‘The staff were very cordial and well-prepared in respect of our matter. Also, they were quite knowledgeable and clear in their explanations, which helped us to understand the problem faster and more throughly.’
‘Miranda & Amado has done a lot of hard work to establish itself as a leading firm and its commitment to the client and the design of legal strategies in its advice can be highlighted.’
‘Their academic training and their treatment of their clients make them stand out. They differ from their competitors in the approach and advice they provide. Among the outstanding lawyers of Miranda & Amado, I highlight Enrique Felices , Omar Alvarado and Fiorella Zumaeta.’
Telefónica del Perú
- Representing Repsol Group in four cases (having had a fifth successfully dismissed) involving an investigation into price fixing practices in the fuels market (LPG and natural gas) at national and regional level before INDECOPI. Potential fines are approximately $15m.
- Acting forTelefónica del Perú in two unfair competition procedures against América Móvil concerning alleged unfair advertising and infringement of applicable regulation, initiated by Telefónica before INDECOPI and OSIPTEL.
- Successfully represented gas station chain Corporación Primax in an ex-officio unfair competition case regarding the commercialisation of fuel.
A number of well-known international and domestic companies instruct Estudio Olaechea for its expertise in this area. Head of practice Martín Serkovic combines his practice with other legal disciplines but nonetheless has valuable experience in critical antitrust and competition advisory work and prosecutions. Most notably, the firm has been handling the first ever leniency case in Peru on behalf of shipping company Compañía Sudamericana de Vapores (CSAV), and is awaiting the decision of the Supreme Court in a final review of its earlier judgment against client Clorox in a case of alleged vertical collusion with supplier Quimpac.
Compañía Sudamericana de Vapores – CSAV
- Acting for shipping company Compañía Sudamericana de Vapores (CSAV) in the first case with a leniency apolication in Peru, successfully obtaining a guarantee that the client will be granted the benefit of conditional immunity when the preliminary stage of the investigation is over.
- Advising Clorox in the Supreme Court on its appeal against a finding by INDECOPI of vertical collusive practices between Clorox and its provider of sodium hypochlorite, Quimpac, due to an exclusivity agreement signed by the two companies. The original charge was filed by competitors DISPRA and GROMUL. Currently awaiting judgment.
Rodrigo, Elías & Medrano – Abogados is recommended for antitrust advice in major corporate transactions, as well as anticompetitive prevention via compliance review, which it is conducting on behalf of Anglo American Perú, Mitsui & Co (Chile) and Compañía Minera Antamina. The firm also handles some administrative and judicial proceedings on behalf of both complainants and defendants. Despite the lack of full-time specialists in this sphere, the firm nonetheless offers valuable expertise from its cross-disciplinary team led by energy and infrastructure partner Verónica Sattler, while Alejandro Manayalle and counsel María del Rosario Quiroga are also key members of the team.
Asterion Industrial Partners
Anglo American Peru
Mitsui & Co. Chile
Castrol Caribbean & Central America
Mitsui O.S.K Lines Limited
Luz del Sur
Compañía Minera Antamina
- Acting for electricity distributor Luz del Sur in proceedings before INDECOPI and the Municipality of Punta Hermosa concerning alleged illegal and irrational bureaucratic barriers in sectorial regulations regarding the electricity markets.
- Regular advice to Anglo American concerning antitrust matters related to its operations in the Quellaveco Project, including a revision of its compliance programme.
- Advised European infrastructure fund manager Asterion Industrial Partners on the antitrust aspects of its €550m acquisiton of eleven data centres from Telefónica.
Clients of Baxel Consultores are extremely pleased with the service provided, highlighting the two-year-old firm's innovation, personalised service and experience, despite the relatively young age of the partners. The regulatory and dispute resolution boutique has a strong competition focus, attracting a stellar list of clients for day-to-day competition, advertising and consumer protection advice, including Mastercard, Toyota del Perú and Telefónica. The practice is led by 'charismatic’ Christian Chávez and the 'practical’ and 'rigorous’ Carlos Rojas, while partner Mario Drago is also highly regarded. In May 2020, the firm formed an alliance with management consultants Calden Consulting, which will boost the firm's services to clients in regulated industries.
‘Baxel Consultores is a young firm and therefore very innovative and dynamic. In the last year they have worked with larger clients, which gives them a stronger track record. Christian Chávez is definitely the highlight of the office. He is very intelligent, charismatic and has the ability to understand the problems of the client.’
‘They are top-notch attorneys with extensive experience in competition law cases. I have worked with them in the past at their former firm and I know first-hand their quality and professional rigor.’
‘The partners are the ones who directly work on the cases, they are not delegated to junior staff. The partners provide personalised attention.’
‘The team at Baxel Consultores combines young talent, educated in prestigious law schools, with significant experience in free competition issues.‘
‘They are a law firm eager to make a difference compared to traditional law firms, which means they are more involved with the client.’
‘Young people with a different vision that includes not only legal but psychological and social analysis of consumer behaviour. They really get involved in professional commissions in a personal way, looking for a different edge.’
‘Personalised and immediate attention. Also, the experience and knowledge they have on the topics consulted and commissioned. The specialisation and experience of the lawyers consulted. Mario Drago has provided us with a quality service that is agile and according to the needs of the company.’
‘They are a team with high specialisation in free competition issues which they know how to frame within the industry of the client. Carlos Rojas has very good experience in matters of free competition. He helped us in the implementation of our compliance programme, as well as in the consultations and actions that we should adopt to safeguard compliance with the regulations. He was practical in his analysis while remaining rigorous in the legal evaluation.’
Telefónica del Perú
Toyota del Perú
Banco de Crédito del Perú – BCP
- Acting for Grupo de Gestión (Llama Gas) in a judicial challenge of the $65,000 fine imposed by INDECOPI for alleged participation in a pricing cartel of liquefied petroleum gas in the city of Chiclayo.
- Regular advice to Mastercard in respect of competition, advertising regulation and consumer protection law, particularly during the design of new products and services.
CMS Grau is experienced in advertising and consumer protection proceedings on behalf of multinational companies, such as Unilever Andina Peru, Air France and American Airlines (Peru). It also provides antitrust compliance advice, benefitting from international know-how shared between its global office network. Maria Delia Oxley heads the practice and has many years' experience in the field, attracting a large client base of leading domestic and international companies. She is supported at the helm by public law partner Ramón Huapaya.
American Airlines (Peru)
Thunderbird – Salsa’s
Unilever Andina Peru
Societe Air France Sucursal en el Peru
KLM Compañía Real Holandesa De Aviación
Compañía Panameña de Aviación Copa
Banco Falabella Peru
Ferrero Latin America Developing Markets
Empresa de Generación Electrica Huanza
- Represented Air France in an ex officio sanction procedure initiated by INDECOPI ‘s consumer protection commission for violation of the duty of suitability in the service, following flight cancellations.
- Defended Unilever Andina Peru in an advertising complaint brought by Alicorp before the National Council of Advertising Autoregulation (CONAR), for the alleged violation of the principle of truthfulness concerning the client’s advertising of its detergent powder.
Hernández & Cía. Abogados has a small team advising an impressive array of clients on advertising infringement, consumer protection proceedings and day-to-day competition issues. As the firm's client list demonstrates, it has strength in the consumer products and retail sectors, as well as telecoms. Enrique Cavero Safra heads the team and is 'outstanding in the practice area’, praised for his personalised service and communication skills. A trio of associates include Carlos Holguín, who focuses on antitrust, consumer and data privacy law.
‘The partner in charge of the area, Enrique Cavero Safra, is outstanding in the subject area, has a great capacity for communication and his services are highly personalised. It is also a pleasure to work with him because he is very empathetic and upright. His previous experience as a general counsel in a major transnational company allows him to fully understand the needs of in-house attorneys. Highly recommended and their rates are very competitive.’
‘The mentioned area has excellent lawyers who have vast experience in competition law.’
‘At associate level, I consider Carlos Holguín to be one of the outstanding lawyers in the area.’
‘It is the best in the area of competition and antitrust law in the country, in terms of quality, price and prestige.’
Viettel Peru – Bitel
Universidad San Ignacio de Loyola – USIL
Procter & Gamble
Servicios Cobranzas e Inversiones – SCI
Association of National Advertisers
EF Education First
- Providing ongoing competition advice to Procter & Gamble, including successfully representing the client in an advertising dispute with competitor Intradevco before INDECOPI.
- Advising Universidad San Ignacio de Loyola – USIL in a judicial challenge of a consumer protection decision by INDECOPI; and defence of the client in an advertising infringement complaint before INDECOPI filed by competitor Universidad UPC.
Boutique León e Iparraguirre Abogados specialises in competition law, intellectual property and public law, and excels in consumer protection and advertising matters. Noted for their hands-on and personalised service, partners Luis Miguel León and Gianfranco Iparraguirre have built an impressive roster of well-known international and domestic clients in the four years since opening the firm, including Kimberly-Clark Perú, Marsh Rehder and LATAM. It successfully defended Backus (AB InBev) - a client won following competitive tender - in a complaint initiated by INDECOPI concerning unfair competition and commercial advertising, saving the client up to $900,000 in fines.
Lan Perú (LATAM)
Grupo EFE (La Curacao, Motocorp, Financiera Efectiva, Conecta Retail and Total Artefactos)
Kimberly Clark (Peru)
BBVA – Banco Continental
Backus – AB InBev
Industrias Alimenticias Cusco (INCASUR)
Protecta Compañía Seguros
- Acting for Scotiabank in proceedings initiated by INDECOPI concerning alleged discriminatory practices related to the offering of financial products based on age range, potential fine $600,000.
- Successfully defending Backus – AB Inbev in a complaint initiated by INDECOPI concerning unfair competition and commercial advertising, avoiding a potential fine of upto $900,000.
Martinot Abogados has a busy caseload of bureaucratic barrier, unfair advertising and consumer protection cases, led by experienced competition senior associate Jessica Hondermann, who 'stands out for her speed and knowledge of the subject’. Clients appreciate the 'bespoke advice’ and understanding of their business, as well as the 'good legal knowledge’ of the firm. Hondermann recently led advice to fintech company Kambista in its successful defence of an unfair advertising claim before INDECOPI brought by leading domestic bank BBVA.
‘The team stands out for its personalised service and bespoke advice. Fernando Martinot and associate Jessica Hondermann have professionalism and good legal knowledge, which makes the firm different from the competitors.’
‘They are always ready to help and immediately answer queries.’
‘They know their clients’ business and their needs. Martinot Abogados has a great team of lawyers on these matters.’
‘Jessica Hondermann stands out for her speed and knowledge of the subject.’
‘Martinot Abogados provides us with specialised and efficient advice. Their personalised and proactive attention are hallmarks of their organisation.’
Compañía Nacional de Chocolates de Perú
Grandes Aventuras del Perú
Sociedad de Desarrollo de Hoteles Peruanos
Hotel Restaurante La Hacienda
Contacto Corredores de Seguros
Miniso Hong Kong
Hunt Oil Exploration and Production Company (Peru)
- Successfully represented Compañia Nacional de Chocolates de Peru in bureaucratic barrier proceedings against ESSALUD, an entity of the Department of Health, before INDECOPI.
- Successfully defended financial services company Kambista in an illegal advertising claim filed by bank BBVA before INDECOPI, regarding the digital money exchange services of both companies.