Peruvian Merger Control Legislation (May/June 2021)

Through Law N° 31112, a Law that establishes the prior control of concentration operations, and Supreme Decree N° 039-2021-PCM, the regulations of the Law, the Peruvian Congress and Government, respectively, approved the new merger control regime applicable to concentrations occurring in all fields of economic activities.

Previously, Peruvian legislation only imposed mandatory pre-notification and clearance requirements for vertical or horizontal concentrations occurring in the fields of electricity generation, transmission or distribution.

The Law and its Regulation will enter into force on June 14th, 2021. Concentrations occurring prior to said date will not be subject to administrative authorizations, except for vertical or horizontal concentrations occurring in the electricity market, which will continue under their current regime until the new regime comes into force.

A summary of the new merger control regime is described below.