Notification thresholds calculation guidelines

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INDECOPI´s Notification Thresholds Calculation Guidelines (published on June 1st, 2021) are aimed at guiding and providing clarity and legal certainty to the economic agents on whether a transaction must be notified before Indecopi by means of helping them to determine if such transaction meets the thresholds provided by the Peruvian Antitrust Merger Review Act, that just recently entered into force on June 14th, 2021. Thus, the Guidelines fulfil an essential function in the implementation of the Act, providing transparency on the assessment of thresholds by Indecopi and facilitating the timely completion of notification duties by interested parties and their legal advisors.

These Guidelines explain the elements that should be considered to conduct the notification thresholds calculation, including the identification of the involved undertakings, calculation parameters, special considerations for companies in the insurance markets and Pension Fund Administrators, among others. These elements are explained in a clear and didactic manner by using examples and graphics and allowing for readers to have a better understanding and comprehension of the main aspects and issues to be considered in the determination of the thresholds established by the Merger Review Act.