Compliance programs and the Free Competition Law

One of the corrective measures for all companies that violate the Free Competition Law is the development of a training and risk-eliminating program for non-compliance in order to prevent anti-competitive behavior in the future. The existence of the document, prior to the infringement, is considered by the Defense of Free Competition Commission of Indecopi (CCL) as an extenuating circumstance for the infringing companies that have earned a fine.

The compliance programs are nothing more than the gathering of a set of internal measures adopted voluntarily by the companies themselves, with the purpose of preventing and minimizing the risk of infringing the law and their ethical commitments.

The lack of a single format for the preparation of the compliance programme makes it impossible for small and medium-sized enterprises (PYMEs) to have programmes, which can be verified, similar to those of large companies.

For further information or to request advice on this matter, please write to the following e-mail addresses: omago@omcabogados.com and marketing@omcabogados.com.pe