The exchange of information between competitors and its management in Peru

Abstract

The exchange of information has been evaluated by jurisprudence and comparative widespread doctrine through the rule of reason and, in some cases, as an independent behavior. In 2011, the European Union established specific regulations for such issue and ordered the analysis of the rule of reason in the context of a horizontal collusion case. However, in Peru, the exchange of information has been analyzed through the per se rule when it presented in the research framework of a hard-core cartel, which rather served as an evidence of a collusive hypothesis: a more accurate interpretation according to Peruvian legislation.