Peru (September 3, 1998)
Score = 13
Governed by: Legislative Decree No. 701: Elimination of Monopolistic, Controlling and Restrictive Practices Affecting Free Competition is Ordered. Against Monopolistic Practices, Controls, and Restraints on Free Competition. \"El Peruano\" Federal Register, November 7, 1991 last amended by Legislative Decree No. 807 of April 18, 1996 (hereinafter referred to as “Competition Act”).[1]
| Category | Subcategory | Score | Comment |
|---|---|---|---|
| Scope | Extraterritoriality | 0 | |
| Remedies | Fines | 1 | Article 23 gives fining guidelines. |
| Prison Sentences | 0 | ||
| Divestitures | 0 | ||
| Private Enforcement | 3rd Party Initiation | 1 | Article 15 allows interested parties to initiate an investigation by Secretariat. |
| Remedies Available to 3rd Parties | 1 | Article 25 gives a cause of action for damages to injured 3rd parties. | |
| 3rd Party Rights in Proceedings | 0 | ||
| Merger Notification | Voluntary | 0 | |
| Mandatory | 0 | ||
| Pre-merger | 0 | ||
| Post-merger | 0 | ||
| Merger Assessment | Dominance | 0 | |
| Restriction of Competition | 0 | ||
| Public Interest (Pro D) | 0 | ||
| Public Interest (Pro Authority) | 0 | ||
| Other | 0 | ||
| Efficiency | 0 | ||
| Dominance | Limits Access | 1 | Article 5(a) lists limiting access to buying and selling goods as an abusive act. |
| Abusive Acts | 1 | Article 3 prohibits abuse by undertakings in a dominant position. | |
| Price Setting | 0 | ||
| Discriminatory Pricing | 1 | Article 5(b) lists applying unequal conditions to equivalent transactions as an abusive act. | |
| Resale Price Maintenance | 0 | ||
| Obstacles to Entry | 0 | ||
| Efficiency Defense | 0 | ||
| Restrictive Trade Practices | Price Fixing | 1 | Article 6(a) prohibits price fixing. |
| Tying | 1 | Article 6(f) prohibits tying arrangements. | |
| Market Division | 1 | Article 6(b) prohibits market divisions. | |
| Output Restraint | 1 | Article 6(h) prohibits limiting or controlling production and distribution. | |
| Market Sharing | 0 | ||
| Eliminating Competitors | 0 | ||
| Collusive Tendering/Bid-Rigging | 1 | Article 6(i) prohibits bid rigging. | |
| Supply Refusal | 1 | Article 6(g) prohibits supply refusal. | |
| Efficiency Defense | 0 |