We are advising Saam Towage regarding a transaction for the acquisition of 100% of another Peruvian company related to the purchase of its Towage business unit, where we have to analyse the percentages of each of the port where the seller holds a market share.
In addition, we have assessed the sales and the assets of each of the parties regarding the calculation of the thresholds in order to verify if it was mandatory to notify the transaction before the Competition Authority under the provisions of the Merger Control Legal Framework, as well as the delimitation of which of the companies may entry in such calculation and its relation with the definition of control.
In this sense, we are continuing with the advisory of such transaction since it is important to establish its costs and benefits related to its impact over the competition process.
On the other side, within the same transaction, we are also advising Saam Towage reviewing the information and documentation regarding the Antitrust aspects within Due Dilligence over the Seller’s party.
Thus, we are reviewing the policies of the company in antitrust matters and its relationship with public entities, competitors, clients, distributors; its position within the market according to the port where it develops its economic activity and verifying the Sellers development in the market in relation with the compliance of the Antitrust Regulatory Legal Framework. This implied the formulation of a clean team protocol and its corresponding annexes.
