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Guidelines

For inspections by the Peruvian Competition Authorities

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What documents must the officials present?

Peruvian Competition Authorities
 

  • In order to carry out an inspection of a company, inspectors must have an inspection order issued by the Peruvian Antitrust Authority. Unjustified opposition once the inspection order has been notified constitutes obstruction and will result in the initiation of a separate sanctioning procedure. However, the company may not consent to the inspection when there are reasonable grounds to do so (please consult with your outside attorney before making this decision). Upon refusal by the company, the inspectors will only be able to carry out the inspection if they have a judicial authorization from the competent judicial entity. 
  • The inspection order must contain the following information: 
    • Name of the inspected company. 
    • Identification of the establishment where the visit will take place. 
    • The identification of the inspectors in charge of the diligence. 
    • Start date of the visit. 
    • The documents and information to be obtained and/or evaluated. 
    • Description of the basic characteristics of the conduct and the market under investigation. 
  • Read the documents carefully and verify: 
    • Ask the inspectors to identify themselves by showing their national identity card (DNI) and their institutional credentials (photocheck of the institution). 
    • Is your company the addressee? Does the address indicated coincide with the one inspected? 
    • Is the object and scope of the inspection defined in the inspection order? 

Where and how may the officials search?

Peruvian Competition Authorities
 

  • Inspectors are empowered to inspect any premises, facilities, land and means of transportation of the inspected entities and subjects. They are also empowered to inspect private homes of the companies' personnel and any other premises, land or means of transportation other than those of the companies themselves, provided they have the pertinent judicial authorization or with their prior express consent. 

    The inspectors, with the prior agreement of the Commission for the Defense of Free Competition, may immobilize for a period not exceeding ten (10) working days, extendable for an equal period, books, files, documents, correspondence and records in general of the natural or juridical person under investigation, taking copies of the same. Under the same circumstances, it may remove them from the premises where they are located for up to fifteen (15) working days, requiring judicial authorization to proceed with the removal. 
  • Inspectors may not use force against persons or property, but they do have the authority to request that locked rooms or furniture be opened. If an inspector requests that a cabinet or desk be opened, open it, but first ask what he or she is looking for and give it to him or her yourself. 
  • In the event that the company opposes the inspection authorized by judicial authorization, the authorities may resort to the assistance of the Public Forces, who will provide the necessary assistance to the inspectors for the exercise of the inspection functions. 
     

What may the officials search?

Peruvian Competition Authorities

The Colombian Competition Authority may use other evidence provided that they have a degree of connection with the subject matter of the inspection. If the Colombian Competition Authority brings a case, the individual or company involved may challenge any irregularity in the inspection.

Documents

  • Within the scope specified in the documentation ordering the inspection, in general, inspectors may access any premises, facility, land or means of transport of the company, examine all books and documents even if they contain trade secrets, whatever their material support, make copies of all documents. They may also access documentation that is housed in systems, computer services or devices provided by third parties, cloud storage systems and services and all other documents to which the inspected entity has access.  
    However, they are not entitled to take the originals, but only copies. 
    • Ensure that the books and documents are covered by the subject matter of the inspection. 
    • Ensure that an additional copy is made of each document collected by the inspectors for subsequent evaluation by outside attorney.  
    • Carefully review the minutes of the inspection and note any irregularities detected during the course of the inspection. 
    • Record in the minutes the confidential nature of all information (documents) collected during the inspection.  

IT

  • Upon request, inspectors should be granted access to computers and electronic devices used to deal with professional matters (laptops, tablets, cell phones, pen drives, etc.), providing them with the corresponding passwords. However, inspectors may not take the computers or other devices, but only make electronic copies of their contents. 
    Make one more copy of each electronic copy made for subsequent appraisal by outside attorney. 
  • Record in the minutes the confidential nature of all information collected during the inspection. 

Who may be questioned by the officials and how?

Peruvian Competition Authorities
 

Inspectors may request explanations from all employees within the subject matter of the inspection and have the power to interview: (i) any representative of a company or association of companies, and (ii) any market agent who may have information relevant to the subject matter of the investigation, even if there is no indication of his or her participation in the infringement. The interviewee should bear in mind that he/she could be personally liable. 

  • Request the presence of your lawyer (physical, virtual or telephone) to be questioned. The authority must wait for a reasonable period of time. The absence of the lawyer cannot prevent the inspection from being carried out. 
  • Ask that questions be asked only in the course of a formal interview, which ensures that questions and answers are written down. Make sure that someone takes notes of the questions and answers provided.   
  • At any time, company personnel and the authority can record the inspection. 

  • Make sure you understand the question. If necessary, ask for further explanation. If the inspectors do not provide such clarification, ask to speak to your attorney before providing any answers. If you do not have the assistance of your attorney, be sure to record what you have understood in your answer. 
  • Do not answer self-incriminating questions. 
  • Answer only questions related to the subject matter of the inspection. Answer only those questions that are asked. Give short and precise answers. Stick to the facts and do not provide legal assessments.  
  • Do not give inaccurate or misleading information. If you are unclear about the answer, state so 
  • Request, if applicable, a copy of the minutes, recording or transcript of the interview. 

External communication 

Peruvian Competition Authorities
 

  • Do not disclose any details or even the fact that an inspection is taking place to third parties without obtaining permission from the management / legal department.  
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