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Congress Backs Constitutional Autonomy for Indecopi as Reform Heads to Referendum

The draft establishes a five-member board with shared appointments across branches to reinforce independence.

Overview

  • Lawmakers approved the constitutional reform in a first vote, 81–18 with 6 abstentions, triggering a referendum because it fell short of the two‑thirds threshold.
  • The substitute text adds Article 65‑A, declaring Indecopi a constitutional body and detailing its mandate over competition, consumer protection, intellectual property, merger control and related functions.
  • Governance would shift to a five‑member board: three designated by the Executive, including the president subject to Senate ratification, and two chosen by the Senate for five‑year terms with immediate re‑election allowed; the Senate could remove directors for grave misconduct.
  • Earlier drafts that proposed a multi‑agency selection committee including the central bank and other authorities were dropped in the final text after expert criticism.
  • On the same day, Indecopi’s competition commission fined 13 pharmaceutical firms 100,852.72 UIT (over S/539 million) for colluding in public drug tenders from 2006 to 2020, sanctioned five executives 262.67 UIT, ordered five years of compliance programs and issued a first‑instance decision open to appeal.