On February 23, 2024, Eduardo Enrique Castillo Rivas, congressman of the Fuerza Popular party, presented before the Commission of Consumer Defense and Regulatory Bodies and the Commission of Economy, Banking, Finance and Financial Intelligence of the Congress of the Republic, Bill No. 7109/2023-CR, Law for the Defense of Clients and Users of Pharmaceutical and Related Establishments (the "Bill"), which proposes to amend the Fifth Final Provision of Legislative Decree No. 1034, which approves the Law for the Repression of Anti-Competitive Conduct.
This Bill proposes that complaints about horizontal and vertical collusive practices in the consumer drug market be received by the Ministry of Health, which would have 30 working days to issue a report on their merits. If this is the case, according to the Bill, the Ministry of Health would assume before INDECOPI, jointly with the complainant or autonomously, the ownership of the action in defense of consumers.
Finally, the Bill provides that, for the processing of these cases, INDECOPI shall implement a summary procedure that resolves the complaint within a term not exceeding forty-five (45) calendar days.
You can access the text of the Bill here.
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