We advised Hapag-LLoyd in a analysis regarding the Merger Control Legal Framework (Law 31112 and regulations) regarding an adquisition of shares in Peru and if in relation with such transaction and whether, the customer was obliged to notify it before Indecopi. In this sense, we analysed the composition of the market shares of the involved parties of the transactions, concluding there was no need to file the transaction. For this, it was necessary to apply a deep analysis related to the complex structure of the parties’ market shares, in order to determine it was only a corporate growth within the same economic group, thus escaping the provisions of the scope of the Law 31112. On the other side, we also evaluated another aspect of such transaction reaching a conclusion that the neither the value of the assets, nor the corresponding revenues/sales reached the individual threshold to be in forced of notification, based on the analysis of the Principle of Concurrency (which means that the individual threshold for each party participating in the transaction) must be met as well as the joint thresholds.
