The Market Access Commission of Peru

The Market Access Commission identifies and eliminates dispositions and regulations of Public Administration entities which constitute bureaucratic barriers that limit or restrict the access or permanence of economic agents in the market or are not in accordance with the provisions of the Administrative Simplification Act. Additionally, the Market Access Commission is responsible for ensuring that Local Governments- in exercise of their municipal tax authority- respect free movement of people and merchandise across the national territory.

According to law, the Market Access Commission can eliminate illegal or irrational bureaucratic barriers for a particular case, even when the barrier has been enacted through an Executive Decree, a Ministerial Resolution, a Municipal Ordinance or a General Regional Ordinance. The Market Access Commission’s resolution can be challenged before the Defense Competition Chamber of Indecopi’s Tribunal.

On the other hand, with regards to ex officio proceedings, Indecopi can initiate legal actions on behalf of the public interest, against bureaucratic barriers enacted through Executive Decrees, in order to obtain their amendment or annulment. In case the bureaucratic barriers are enacted through Municipal Ordinances or General Regional Ordinances, the Market Access Commission shall notify of the proceedings to the Ombudsman´s Office, which will then file legal proceedings requesting the provision be declared unconstitutional, according to paragraph 2), article 9 of Law N° 26520, Office of the Ombudsman Act.