Clifford Chance

New Pre-Merger Control Regime Enters Into Force in Peru

June 15, 2021

On January 7, 2021, a new merger control act (Ley que Establece el Control Previo de Operaciones de Concentración Empresarial – Ley No. 31112) was published in the official gazette approving a new pre-merger control regime for all business transactions that: (i) involve a change of control; (ii) exceed certain thresholds; and (iii) have effects in all or a part of the Peruvian territory. Complementary regulations and guidelines were published on March 4, 2021 and June 1, 2021, respectively. The merger control enforcement will be conducted by the Peruvian Antitrust Agency and will enter into force on June 15, 2021. Before implementation of the new regime, Peru was only reviewing transactions in the electricity sector.

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