We are advising Access Corporation regarding a transaction that implies the access to the market through the acquisition of 100% of a Peruvian company. In this sense, we had to assess several aspects regarding the provisions of the Merger Control Legal Framework in order to determine if this “access to market” is under the provisions of the such legal framework. Thus, we evaluated the involved business/sector in order to prevent any intervention from the Competition authority due to its wide attribution of the that enables it to review any transaction after one year of its closure, even such transaction did not implicate a mandatory filing concentration operation.
Therefore, we included in our analysis additional aspects and information to understand the scale of the involved transaction and of the involved economic agents: the (global) market share/position of the buyer, the local market share/position of the seller regarding the Peruvian market, the effect of the purchase (if it could consolidated a dominant position due to the buyer’s logistics, economic, and size capacities, and if we could consider some market entry barriers for the kind of the implicated sector.
On the other side, we are reviewing and assessing the antitrust matters regarding the Seller within the Due Dilligence related to the transaction.
Thus, we are evaluating the ongoing competition processes where the Seller is involves as well as the Competition policies that the Seller have implemented within its company.
