Exclusive market practices and competition analysis. Estudio Olaechea has provided a detailed evaluation and legal strategies for SAAM Towage Perú S.A.C. concerning anti-competitive behaviours observed in the Port of Paracas, where SAAM alongside two competitors. The analysis explores potential legal actions against these competitors for breaching Peruvian competition laws.  Anti-competitive and joint market dominance: The competitors are accused of engaging in horizontal collusive practices, including tied sales and coordinated discounts, to exclude SAAM from the market, such actions may constitute a joint abuse of market dominance, creating barriers for SAAM’s entry and operations in the Port of Paracas, where SAAM operates alongside two competitors. Largest towage operator in Americas: SAAM Towage Perú is a subsidiary of SAAM Towage, the largest towage operator in the Americas, which operates in 13 countries and servicing more than 37,000 vessels a year. Latest development: We are advising the clients on this case.

Comparative advertising and possible abuse of competition rights. Olaechea is advising the Clorox company and Clorox Peru with an analysis of an advertising campaign that its direct competitor publicised in comparative advertising. Although comparative advertising is permitted, using a comparison with the competitor as a basis for the advertising may constitute an abuse of rights.  Assessment of anti-competitive behaviour for complaint against competitor: Clorox is considering filing a complaint against the competitor and we are assisting the client in assessing anti-competitive conduct to substantiate the arguments of this complaint.  Multinational giant in cleaning products sector: The Clorox Company is an American multinational manufacturer and marketer of consumer and professional products, including bleach. The client was founded in 1913, currently operates in around 25 countries and territories worldwide, and its products are sold in more than 100 countries. Analysis of free competition regulation breach. Latest development: We are advising the clients on this case.

Port exclusivity and equal access guarantee. Olaechea is advising SAAM Towage and Saam on the analysis and strategies to be followed due to the identification of the granting of an exclusivity given to the company that has the ownership of the administration of the port of Chancay, which is being built in that city in Peru. Irregularities in granting exclusivity to competitor: We elaborated a rigorous analysis and legal opinion related to the illegalities detected in the resolution that grants such exclusivity to the referred company and that absolutely closes the relevant market of the area of Chancay. Consultation with APN on market exclusivity and defence against foreclosure: Likewise, we have been preparing letters to consult the National Port Authority (APN) on this exclusivity and preparing the client’s defence against the market closure to allow it access and entry as an intermediate user when the port is ready. Largest towage operator in Americas: SAAM Towage Perú is a subsidiary of SAAM Towage, the largest towage operator in the Americas, which operates in 13 countries and servicing more than 37,000 vessels a year. Latest development: Our firm continues to assist the client,

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.

Competitive implications of voting rights. Olaechea advised CNIC on its intention to implement a voting and block right with respect to the distribution of Luz del Sur’s profit from . Thus, we analysed the characteristics of the veto right and considered a potential trigger in any merger control proceedings before the Peruvian competition authority. Memorandum with strategies to avoid notification before INDECOPI: Therefore, we analysed and developed an entire strategy on the matter. In addition, we prepared a comprehensive and broad memorandum with all the strategies in order to avoid a change of control and, consequently, a prior notification before the Peruvian Antitrust Authority (INDECOPI). Global player in mining and investment: CNIC Corporation Limited is a Chinese state-owned investment company founded in 2012 and headquartered in Hong Kong. In 2014, as part of a consortium with two other companies, it acquired the Las Bambas copper mine, with a 22.5 per cent stake in the project. The open-pit mine, located in Cotabambas in Peru’s Apurimac region, began producing copper concentrate in 2015. Latest development: We presented the client with strategies and alternatives with an in-depth analysis of corporate law and merger control regulations.

Investigation of possible antitrust behaviour. Olaechea advised Pochteca on an investigation of a potential antitrust behaviour within its company. This investigation was triggered by a report in which a potential customer of Pochteca refers to a series of events that occurred with a Pochteca saleswoman and which, according to him, gave rise to the disclosure of customer information and other potential anti-competitive conduct. Identifying and dealing with alleged anti-competitive behaviour: We conducted the investigation in two stages. The first part was an analysis of the facts, the potential anti-competitive behaviour identified through these facts and interviews with the personnel involved. This first stage was concluded with the issuing of a first memorandum with the strategy to be followed. Implementation of recommendations to avoid another similar situation: The second stage involved evaluating and developing of the results of the investigation, through a second memorandum that included the information gathered and the conclusions of what happened, along with recommendations for senior management in order to prevent another similar situation. Major seller of industrial chemicals in Americas: Pochteca sells industrial chemical inputs and solutions for competitiveness, with 5,500 products and more than 100 leading world-class suppliers. The client is present in several Latin American countries and the United States. Latest development: We conducted the investigation and delivered the memos to the client.