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The Judiciary ratified the powers of the National Institute for the Defense of Competition and the Protection of Intellectual Property (Indecopi) in the Chancay megaport case and dismissed the constitutional complaint filed by Cosco Shipping.
In this regard, the Judiciary declared Indecopi's technical actions valid and constitutional and confirmed that the evaluation of competition conditions at the Chancay Multipurpose Port Terminal (TPMCH) does not violate the company's contractual rights, declaring the constitutional complaint filed by Cosco Shipping Ports Chancay Perú S.A. against Indecopi unfounded in the first instance.
This decision was notified to Indecopi through Resolution N° 9 of the Chancay Civil Court (Huaura Superior Court), which specifies that Indecopi's actions formalized in Official Letters N° 047 and N° 049-2025/DLC-INDECOPI.
Also, in Technical Report N° 015-2025-DLC/INDECOPI, which are part of the ordinary and legal exercise of its assigned competencies to prevent market failures that could harm both intermediate users and final consumers.
The resolution also determines that the National Directorate for the Investigation and Promotion of Free Competition acted under the strict mandate of the powers enshrined in article 61 of the Political Constitution of Peru and its Organic Law, dismissing any argument about an alleged deviation of power or lack of legal basis.
It should be noted that the aforementioned documents gather the conclusions of the technical study issued on April 2, 2025, in which Indecopi's Free Competition Defense Commission (CLC) determined that there would be no competition conditions in the provision of port services within the Chancay terminal in four relevant markets directly linked to the handling of container ships and the flow of container cargo in the port megacomplex.
The services subject to evaluation were the following: (i) the general service of loading or unloading full containers; (ii) the service based on the vessel, which specifically includes the mooring and unmooring of container ships; (iii) the integrated services package that covers the service based on the vessel and the handling of empty container cargo; and, (iv) the integrated services package that includes the service based on the vessel and the technical service of container transshipment.
The aforementioned evaluation was formally initiated by the institution in response to a legal request submitted by the Supervisory Agency for Investment in Public Transport Infrastructure (Ositran), in compliance with the Regulations of the National Port System Law.
The evaluations carried out by Indecopi on competition conditions constitute technical inputs for the competent entities to adopt the corresponding decisions, for the benefit of users and the proper functioning of markets.
"Indecopi reaffirms its commitment to exercise its free competition competencies with objectivity, predictability, and respect for the current legal framework," the regulatory body pointed out.
Source: Andina
