The Commission for the Defense of Free Competition of Indecopi (CLC) sanctioned, in the first administrative instance, Cencosud Retail Peru S.A., Hipermercados Tottus S.A., Makro Supermayorista S.A. and Supermercados Peruanos S.A. for arranging prices on the market of marketing of whole turkey San Fernando brand nationwide. The fine of 17 240 000 soles also includes the company San Fernando for having been a facilitator of the cartel.
The infringement consisted of setting a minimum price for the whole San Fernando turkey, for which companies aligned their prices to keep them artificially high during the months of December, between 2009 and 2016, which covered the agreement, according to statements, emails and economic information obtained by the National Directorate for Research and Promotion of Free Competition.
In addition, San Fernando's participation during the 2015 and 2016 Christmas campaigns was accredited as a facilitator of the cartel, which was responsible for communicating the minimum price to self-services, transferring information and complaints between them and seeking compliance with the agreement. Thus, each self-service conditioned its respect for the minimum price to compliance by the rest of the competitors.
In addition to the fines imposed, the Commission ordered that the above companies implement a 3-year competition compliance program, based on the recommendations contained in the Guide to Compliance Programs with Free Competition Rules published by Indecopi in March 2020.
The Commission's decision may be appealed to the Specialized Chamber for the Defence of Competition, second instance.
Indecopi continues to demonstrate its commitment to strengthening the effectiveness of the Law on Free Competition in the various sectors of the economy, promoting a culture of competition and contributing to economic development for the well-being of consumers.
THE DATA
Every year, the Christmas supply of turkeys is close to 2 million units, with San Fernando turkey being the one with the highest consumption.
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