The Commission for the Defense of Free Competition of Indecopi published its “Guidelines on actions for damages on behalf of consumers as a consequence of anticompetitive conducts” on May 18th, 2021. Since the Peruvian Competition Act entitles the Commission to bring an action for damages derived from anticompetitive conducts in defense of the affected consumers, this document aims to develop the criteria to determine in which type of cases the Commission will file an action for damages, as well as the procedural aspects that guide the exercise of such power.
Among other topics, these Guidelines address the relationship between the actions for damages and the leniency programs, as well as the standard to determine the class of consumers affected. They also promote the publicity of the action and propose an opt-out scheme. In addition, they develop the fluid recovery or indirect compensation mechanism.