Legal advice to SAAM TOWAGE PERU S.A.C., and 2 other companies in the ports industry, in the framework of an administrative and regulatory analysis, it was identified that the National Port Authority (APN) was granting an exclusivity and as a consequence, an illegal monopoly to the operator of the Port of Chancay, which is under construction. This exclusivity affects access to the market for intermediate users (other companies) that will seek to provide the different port services.
Legal counsel focused on foreseeing the monopoly situation that was going to be generated and, through efforts made from the perspective of regulatory improvement, successfully achieved that the National Port Authority recognized that the granting of such exclusivity was wrong and refrained from granting it. The case was complex due to the arguments and evidence that had to be presented to the authority to support the impact that such exclusivity would have had on the port market.
