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Peru underwent a peer review of its competition law and policy in 2018. This report describes and assesses the development of its competition regime with a focus on current policy and enforcement; and the evolution of competition policy over the last few years. This review was undertaken under the auspices of the OECD/Inter-American Development Bank Latin American and Caribbean Forum.
This review finds that Peru's competition regime is active and broadly in line with internationally recognised standards and practices, with certain exceptions. Firstly, Peru lacks a merger control regime. Secondly, the legal framework poses a number of risks to the autonomy and independence of Indecopi and of its decision-making bodies. The report notes that the implementation of the recommendations will require commitment and action from both the government of Peru and Indecopi.
See also:More OECD competition reviews on Peru
Table of contents
1. Context and Foundations
2. Content Scope of Competition Law
3. Institutional Setting
4. Application of Competition Law
5. Advocacy and Promotion of a Competition Culture
6. Unfair Competition and Consumer Protection / Indecopi's Non-Competition Duties
7. Sectoral Regimes
8. International Co-operation
9. Conclusions and Recommendations
WHAT ARE PEER REVIEWS?
“Peer reviews” are a core element of the OECD work. The mechanisms of peer reviews vary, but it is founded upon the willingness of a country to submit its laws and policies to substantive questioning by other peers.
The process provides valuable insights into the country under study, getting to the heart of ways in which each country deals with competition and regulatory issues, from the soundness of its competition laws to the structure and effectiveness of its competition institutions.
Moreover, these reviews incorporate recommendations for changes in government policy.
LATIN AMERICAN REPORTS ON COMPETITION
Since 2003, the OECD and the Inter-American Development Bank have collaborated on a series of reviews of competition policy and law in Latin America. Most of these reviews are performed during the Latin American Competition Forum which is held every year in a different country in Latin America and the Caribbean.
DOCUMENTS AND LINKS
» Country reviews of competition policy frameworks