The Peruvian Judiciary declared Indecopi’s technical actions valid and constitutional and confirmed that the evaluation of competition conditions at the Multipurpose Port Terminal of Chancay (TPMCH) does not violate the company’s contractual rights, declaring the constitutional complaint for protection filed by the company Cosco Shipping Ports Chancay Perú S.A. against Indecopi unfounded in the first instance. With this, the Chinese-capital company suffered a setback regarding its attempts to avoid evaluations by the National Institute for the Defense of Competition and the Protection of Intellectual Property.
This decision was notified to Indecopi through Resolution No. 9 of the Civil Court of Chancay (Superior Court of Huaura), which specifies that Indecopi’s actions formalized in Letters No. 047 and No. /DLC-INDECOPI, as well as in Technical Report No. /INDECOPI, are part of the ordinary and legal exercise of its assigned powers to prevent market failures that could harm both intermediate users and final consumers.
The resolution also determines that the National Directorate for 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 and Functions Law, dismissing any argument regarding an alleged abuse of power or lack of legal basis.
The aforementioned documents, Indecopi highlighted in a statement, contain the conclusions of the technical study issued on April 2, 2025, in which Indecopi’s Commission for the Defense of Free Competition (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 containerized cargo at the mega port complex.
The services subject to evaluation were the following: (i) the general service of loading or unloading full containers; (ii) the vessel-related service, which specifically includes the mooring and unmooring of container ships; (iii) the integrated services package covering the vessel-related service and the handling of empty container cargo; and, (iv) the integrated services package including the vessel-related service 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 Use 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 powers in matters of free competition with objectivity, predictability, and respect for the current legal framework.
