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ARTICLE · 04 AUGUST 2023

Peru Adopts New Leniency Regime With Significant Changes For Leniency Applicants

On 6 June 2023, the Peruvian government adopted a new Law N° 31775, that amends the country's leniency programme. Under the new law, immunity applicants – who previously enjoyed only immunity from fines...

PeruAntitrust/Competition Law

On 6 June 2023, the Peruvian government adopted a new Law N° 31775, that amends the country's leniency programme. Under the new law, immunity applicants – who previously enjoyed only immunity from fines – will now also be granted immunity from criminal proceedings for hard-core cartels. The amendment also decriminalises soft-core cartels and abuses of dominant position, while maintaining criminal liability for hard-core cartels. Hard-core cartels refer to anti-competitive agreements by competitors to fix prices or other commercial or service conditions, limiting production or sales (particularly by establishing quotas), the allocation of customers, suppliers, or geographical areas, (i.e. market sharing), collusive bidding or concerted practices. Soft-core cartels, on the other hand, cover all other anticompetitive agreements that are not included in the definition of hard-core cartels. This reform of the leniency programme was largely driven by Peru's

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