AGREEMENT ON ANTITRUST COOPERATION BETWEEN THE UNITED 

STATES DEPARTMENT OF JUSTICE AND THE UNITED STATES FEDERAL 

TRADE COMMISSION, OF THE ONE PART, AND THE NATIONAL INSTITUTE 

FOR THE DEFENSE OF COMPETITION AND THE PROTECTION OF 

INTELLECTUAL PROPERTY (INDECOPI) OF THE REPUBLIC OF PERU,

OF THE OTHER PART

The United States Federal Trade Commission and the United States Department of Justice 

(together the “U.S. antitrust agencies”), of the one part, and the National Institute for the 

Defense of Competition and the Protection of Intellectual Property (“INDECOPI”) of the 

Republic of Peru, of the other part, 

Having regard for the close economic relations and the cooperation between the 

Government of the United States of America and the Government of the Republic of Peru 

within the framework of the United States-Peru Trade Promotion Agreement, signed on 

April 12, 2006, and in particular to the commitment of the United States and Peru in

Chapter 13 of that Agreement to cooperate in the area of competition policy, 

Recognizing that cooperation and coordination in competition law enforcement activities 

between the U.S. antitrust agencies and INDECOPI may, in appropriate cases, result in a 

more effective resolution of their respective concerns than would be attained through 

independent action, and 

Noting the commitment of the U.S. antitrust agencies and INDECOPI to give careful 

consideration to each other’s important interests in the application of their competition 

laws, 

Have agreed as follows: 

ARTICLE I

PURPOSE AND DEFINITIONS

1. The purpose of this Agreement is to promote cooperation, including cooperation in the 

enforcement of competition laws, and to ensure that the U.S. antitrust agencies and 

INDECOPI give careful consideration to each other’s important interests in the 

application of their competition laws.
2

2. For the purposes of this Agreement, the following terms shall have the following 

definitions: 

(a) “Anticompetitive practice(s)” means any conduct or transaction that may be subject 

to penalties or other relief under the competition laws enforced by the U.S. antitrust 

agencies or INDECOPI; 

(b) “Competition authority(ies)” means the U.S. antitrust agencies and INDECOPI; 

(c) “Competition law(s)” means 

(i) For INDECOPI, Legislative Decree 1034, the Law for the Suppression of 

Anticompetitive Conduct, published June 25, 2008, and any regulations that modify 

or complement it, as well as any amendments thereto.

(ii) For the U.S. antitrust agencies, the Sherman Act (15 U.S.C. §§ 1-7), the Clayton 

Act (15 U.S.C. §§ 12-27), the Wilson Tariff Act (15 U.S.C. §§ 8-11), and the 

Federal Trade Commission Act (15 U.S.C. §§ 41-58), to the extent that it applies to 

unfair methods of competition, as well as any amendments thereto; and 

(d) “Enforcement activity(ies)” means any investigation or proceeding conducted by 

the U.S. antitrust agencies or INDECOPI in relation to the competition laws they 

enforce. 

ARTICLE II

ENFORCEMENT COOPERATION

1. The U.S. antitrust agencies and INDECOPI agree that it is in their common interest to 

cooperate in the detection of anticompetitive practices and the enforcement of their 

competition laws, and to share information that will facilitate the effective application 

of those laws and promote better understanding of each other’s competition 

enforcement policies and activities, to the extent compatible with their respective laws 

and important interests, and within their reasonably available resources. 

2. Nothing in this Agreement shall prevent the U.S. antitrust agencies or INDECOPI from 

seeking or providing assistance to one another pursuant to other agreements, treaties, 

arrangements, or practices applicable to them. 
3

ARTICLE III

COORDINATION WITH REGARD TO RELATED MATTERS

1. Where one of the U.S. antitrust agencies and INDECOPI are both pursuing enforcement 

activities with regard to related matters, they shall consider coordination of their 

enforcement activities.

2. In any coordination arrangement, each competition authority shall seek to conduct its

enforcement activities consistently with the enforcement objectives of the other 

competition authority.

ARTICLE IV

AVOIDANCE OF CONFLICTS; CONSULTATIONS

1. The U.S. antitrust agencies and INDECOPI shall, within the framework of their own 

laws and to the extent compatible with their important interests, give careful 

consideration to the important interests of the other country’s competition authority

throughout all phases of their enforcement activities, including decisions regarding the 

initiation of an investigation or proceeding, the scope of an investigation or proceeding, 

and the nature of the remedies or penalties sought in each case. 

2. A competition authority of either country may request consultations with its counterpart 

in the other country regarding any matter relating to this Agreement. The request for 

consultations shall indicate the reasons for the request and whether any procedural time 

limits or other constraints require that consultations be expedited. Each competition 

authority shall consult promptly when so requested, with a view to reaching a 

conclusion that is consistent with the purpose of this Agreement. 

ARTICLE V

TECHNICAL COOPERATION

The U.S. antitrust agencies and INDECOPI agree that it is in their common interest to work 

together on technical assistance initiatives related to competition law enforcement and 

policy. Subject to the competition authorities’ reasonably available resources, these 

initiatives may include such forms of technical cooperation as the competition authorities 

decide are appropriate for purposes of this Agreement. 
4

ARTICLE VI

MEETINGS OF COMPETITION AUTHORITIES

Representatives of each country’s competition authorities shall meet periodically to 

exchange information with the other country’s competition authorities on their current 

enforcement efforts and priorities in relation to their competition laws. 

ARTICLE VII

CONFIDENTIALITY

1. Notwithstanding any other provision of this Agreement, no country’s competition 

authority is required to communicate information to the other country’s competition 

authority or authorities if such communication is prohibited by the laws of the country 

of the competition authority possessing the information or if said country deems that it 

would be incompatible with that country’s important interests. 

2. Insofar as information is communicated between competition authorities under this 

Agreement, the recipient shall, to the extent consistent with any applicable domestic 

laws, maintain the confidentiality of any such information communicated to it in 

confidence. Each competition authority shall oppose, to the fullest extent possible 

consistent with applicable domestic laws, any application by a third party for disclosure 

of such confidential information. 

ARTICLE VIII

EXISTING LAWS

Nothing in this Agreement shall require a competition authority to take any action, or to 

refrain from acting, in a manner that is inconsistent with the existing laws it enforces, or 

require any change in the laws it enforces. 

ARTICLE IX

COMMUNICATIONS UNDER THIS AGREEMENT

Communications under this Agreement may be carried out by direct communication 

between the competition authorities of each country through appropriate means (including 

telephone, email, videoconference, or other methods) at the working or senior level. 
5

ARTICLE X

ENTRY INTO FORCE AND TERMINATION

1. This Agreement shall enter into force upon signature.

2. This Agreement shall remain in force for an indefinite period of time, unless one Party 

notifies the other Party in writing that it wishes to terminate the Agreement. In that 

case, the Agreement shall terminate 60 days after the date of such written notification.

Signed at Washington, on this ______ day of May, 2016, in the English and Spanish 

languages, both texts being equally authentic.

FOR THE U.S. ANTITRUST AGENCIES:

____________________

Edith Ramirez

Chairwoman

Federal Trade Commission

_____________________

Renata B. Hesse

Principal Deputy Assistant Attorney General

Antitrust Division

Department of Justice

FOR THE NATIONAL INSTITUTE FOR THE DEFENSE OF COMPETITION AND 

THE PROTECTION OF INTELLECTUAL PROPERTY OF THE REPUBLIC OF PERU:

___________________

Hebert E. Tassano V.

Chairman of the Board of Directors

INDECOPI