We advised Supermercados Peruanos S.A. and provided them with the results of the audit conducted on the information made available related to the management of their purchase and acquisition processes of products to be marketed, in order to determine whether the identified conducts can be framed within any assumption qualified as an act of unfair competition, in the terms provided in the Unfair Competition Law supervised by Indecopi. In this regard, the most important aspect of the assessment was that the identification and determination of the conducts and the conclusions reached within the framework of the Free Competition Law, allowed us to also analyze them from the point of view of other regulations such as the “Unfair Competition Law”, in order to determine whether the identified conducts could constitute acts contrary to good business faith, aimed at attracting customers and improving the market positioning of the Client by means other than economic efficiency. Thus, we analyzed the assumptions contemplated in the law in which the identified conducts could be subsumed and which with the addition of other factors generated alarm signals that should be taken into account by the Client for the adoption of the corresponding correct measures.
