Our services are intended to avoid any sanction that may arise for acts that attempt against free competition, mainly due to commercial agreements or price negotiation, abuse of dominant position in the market, among others. We design compliance programs, solve any doubt and prepare reports on this matter to our clients.
Procedimiento administrativo sancionador – PAS (Sanctioning administrative procedure) on anti-competitive practices
It is the procedure in charge of the Technical Secretariat and the Comisión de Defensa de la Libre Competencia – CLC (Commission for the Defense of Free Competition) of INDECOPI. It is intended to punish the conduct of abuse of dominant position, and horizontal and vertical collusive practices, in accordance with what is established by the Law on Suppression of Anti-competitive Conduct (Legislative Decree 1033), with the purpose of promoting economic efficiency in the markets for the welfare of consumers.
The PAS on anti-competitive conducts always begins ex officio, either on the initiative of the Technical Secretariat of the Commission for the Defense of Free Competition or by ex parte order.
Prior to the issuance of the resolution on acceptance for processing of an ex parte order, the Technical Secretariat may carry out preliminary actions in order to gather information or identify reasonable indications of the existence of anti-competitive conduct.
After verifying compliance with the corresponding requirements, the Technical Secretariat will issue the resolution on admission to proceedings.
The defendant or defendants may answer the charges within a period of thirty days, presenting the arguments that deem appropriate, and providing supporting evidence. During this period, third parties with a legitimate interest may appear in person at the proceeding, expressing the arguments and offering relevant evidence, after complying with the requirements to formulate an ex parte order.
Before or during the PAS, the CLC may issue, at the request of the Technical Secretariat or upon request of an interested party, a precautionary measure intended to ensure the effectiveness of the final decision. If the precautionary measure is granted before the sanctioning procedure, it will expire if it does not begin within the fifteen business days after receiving notification.
The CLC has a period of thirty business days, extendable for a single time and for the same period, in order to accept or reject the requests of an interested party. It is not required the presentation of civil assurance measures such as injunction bond or similar.
Likewise, ex officio or at the request of an interested party, precautionary measures may be suspended, modified or revoked.
After the trial period, the Technical Secretariat has a maximum period of thirty business days to issue its Technical Report.
If there is no evidence of anti-competitive conduct, the Technical Secretariat shall propose to the CLC the declaration of absence of administrative offence.
The Technical Report will be notified to the parties of the procedure, who will have a period of fifteen business days to formulate allegations and submit briefs requesting to take the floor in the CLC.
Exceptionally, the CLC will arrange the presentation of additional evidence if, in its judgment, is relevant for the clarification of the facts.
The CLC will have a period of thirty business days, from the deadline that the parties have for presenting final arguments, to issue its pronouncement.
The final resolution of the CLC can be appealed by the accused, by the party who has filed the complaint and by third parties with a legitimate interest who have joined the procedure in the Sala Especializada en Defensa de la Competencia (Defense of Competition Chamber), within a period of fifteen business days. The Technical Secretariat may appeal the resolution that absolve the persons under investigation, as well as the fine imposed.