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Indecopi Fines Luz del Sur S/5.5 Million in First Sanction Under Peru’s Merger-Control Regime

The penalty follows findings that the utility withheld investment documents during review of its 2023 solar acquisition.

Overview

  • Luz del Sur was sanctioned for failing to provide complete, correct and truthful information during Indecopi’s prior-control review of a notified purchase of solar plants in 2023.
  • The Competition Defense Commission imposed a fine of 1,000 UIT, equivalent to S/5.5 million, in a first-instance administrative decision.
  • Investigators had requested five-year investment plans, and the company initially reported having none before authorities identified documents showing expansion projects.
  • This marks the first enforcement action under Law No. 31112’s concentration control regime, signaling tighter scrutiny of disclosures in merger filings.
  • The decision can be appealed within fifteen business days to Indecopi’s Specialized Chamber, with the agency saying the sanction promotes diligence and good faith under shortened timelines.