Assessing anticompetitive practices in retail. Olaechea advised Supermercados Peruanos and provided the client with the results of the audit on the information related to the management of its purchasing and acquisition processes of products to be commercialised. The aim was to determine whether the identified conducts could be classified as an act of unfair competition, in the terms of the Unfair Competition Act, supervised by the Peruvian Antitrust Authority (Indecopi).
Complete competition analysis: 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 Act, allowing us to analyse them also from the point of view of other regulations, such as the Unfair Competition Act.
Assessment of good faith and competition: Thus, we were able to determine whether the identified conducts could constitute acts contrary to commercial good faith, aimed at attracting customers and improving the client’s market positioning by means other than economic efficiency.
Compliance analysis of practices identified: We therefore analysed the assumptions contemplated in the law in which the identified conducts could be included and which, with the addition of other factors, generated alarm signals that should be taken into account for the adoption of the corresponding measures.
Largest supermarket chain in Peru: Supermercados Peruanos is the largest supermarket chain in Peru, with 100% Peruvian capital. The client has more than 400 shops nationwide.
Latest development: Our firm provided comprehensive assistance to the client with this matter.
