Cosco Shipping Ports Chancay Perú S.A. (CSPCP), operator of the Multipurpose Port Terminal of Chancay (TPMCH), reported that it became aware of the ruling issued by the Civil Court of Chancay in relation to the amparo action filed against the National Institute for the Defense of Competition and the Protection of Intellectual Property (Indecopi), a process that was rejected. The company expressed its “total disagreement” with the ruling, pointing to aspects that were not considered.
Through a statement, CSPCP indicated that the company “is extremely respectful of Indecopi’s powers in matters of competition defense, and reiterates its willingness to collaborate with said function, as it has been doing since the start of its operations.”
The aforementioned amparo action lawsuit was initiated solely due to technical and methodological challenges to an Indecopi report, which concludes that the TPMCH does not have competitive conditions.
In the document, the company stated that “the ruling issued, however, does not address the substantive methodological challenges, but rather limits itself to concluding that Indecopi’s actions fall within the legitimate exercise of its supervisory powers, and that its actions have not generated a situation of defenselessness for CSPCP.”
“CSPCP does not disagree with either of the two elements mentioned. The company’s objection, as developed in the grounds of the amparo action, has to do with methodological aspects of the Indecopi report that lead it to erroneously conclude that the TPMCH does not have competitive conditions,” it added.
“These elements have not been considered in the evaluation of the case by the aforementioned court. Therefore, CSPCP expresses its total disagreement with the ruling issued, and will file the legal appeal remedy, so that it may be examined by the corresponding higher body. It should be noted that the Indecopi report was prepared using projected information from the TPMCH master plan (a document of an orientative nature), as well as from the Ositran 2023 performance report, a date on which the terminal was not operating,” the port operator indicated.
“Today, when the terminal already has more than a year of commercial operations, there is real data that forcefully shows that competitive conditions do exist. So much so, that certain shipping companies that in the past used other nearby port terminals, today use the services of the TPMCH,” CSPCP emphasized.
“It should also be noted that the National Port Authority (APN), the competent body in the matter, stated in December 2024 that competitive conditions do exist in the port services provided,” the company stated.
“CSPCP considers that Indecopi is in a position to prepare an updated report, based on objective real data, instead of projections and assumptions. This will allow reaching a more precise conclusion that reflects the reality of its competitive dynamics,” the company communicated.
“CSPCP maintains its strict respect for the current legal framework and reiterates its commitment to provide port infrastructure in favor of the commercial integration and competitiveness of Peru, as has been demonstrated after more than a year of TPMCH operations,” the port operator affirmed.
