Peru: Merger Control

This country-specific Q&A provides an overview of Merger Control laws and regulations applicable in Peru.

  1. Overview

  2. Is notification compulsory or voluntary?

  3. Is there a prohibition on completion or closing prior to clearance by the relevant authority? Are there possibilities for derogation or carve out?

  4. What are the conditions of the test for control?

  5. What are the conditions on minority interest in your jurisdiction?

  6. What are the jurisdictional thresholds (turnover, assets, market share and/or local presence)?

  7. How are turnover, assets and/or market shares valued or determined for the purposes of jurisdictional thresholds?

  8. Is there a particular exchange rate required to be used for turnover thresholds and asset values?

  9. Do merger control rules apply to joint ventures (both new joint ventures and acquisitions of joint control over an existing business?

  10. In relation to “foreign-to-foreign” mergers, do the jurisdictional thresholds vary?

  11. For voluntary filing regimes (only), are there any factors not related to competition that might influence the decision as to whether or not notify?

  12. What is the substantive test applied by the relevant authority to assess whether or not to clear the merger, or to clear it subject to remedies?

  13. Are non-competitive factors relevant?

  14. Are there different tests that apply to particular sectors?

  15. Are ancillary restraints covered by the authority’s clearance decision?

  16. For mandatory filing regimes, is there a statutory deadline for notification of the transaction?

  17. What is the earliest time or stage in the transaction at which a notification can be made?

  18. What is the basic timetable for the authority’s review?

  19. Under what circumstances the basic timetable may be extended, reset or frozen?

  20. Are there any circumstances in which the review timetable can be shortened?

  21. Which party is responsible for submitting the filing? Who is responsible for filing in cases of acquisitions of joint control and the creation of new joint ventures?

  22. What information is required in the filing form?

  23. Which supporting documents, if any, must be filed with the authority?

  24. Is there a filing fee? If so, please specify the amount in local currency.

  25. Is there a public announcement that a notification has been filed?

  26. Does the authority seek or invite the views of third parties?

  27. What information may be published by the authority or made available to third parties?

  28. Does the authority cooperate with antitrust authorities in other jurisdictions?

  29. What kind of remedies are acceptable to the authority? How often are behavioural remedies accepted in comparison with major merger control jurisdictions, such as the EU or US?

  30. What procedure applies in the event that remedies are required in order to secure clearance?

  31. What are the penalties for failure to notify, late notification and breaches of a prohibition on closing?

  32. What are the penalties for incomplete or misleading information in the notification or in response to the authority’s questions?

  33. Can the authority’s decision be appealed to a court? In particular, can third parties who are not involved in the transaction appeal the decision?

  34. What are the recent trends in the approach of the relevant authority to enforcement, procedure and substantive assessment?

  35. Are there any future developments or planned reforms of the merger control regime in your jurisdiction?