In a first administrative instance, the Commission for the Defense of Free Competition (CLC) of Indecopi has imposed a total fine of 100,852.72 UIT (over S/ 539 million / approx. USD 140 million) on 13 companies, including laboratories and distributors, for colluding in public procurement processes. Five executives involved were also sanctioned with a total fine of 262.67 UIT (over S/ 1.4 million / approx. USD 364,000).
According to the investigation, the companies coordinated their bids and abstentions to win government tenders for medicines between December 2006 and February 2020. The cartel affected the procurement of multiple pharmaceutical products for public hospitals, including sodium chloride, antibiotics such as amoxicillin, azithromycin, meropenem, dicloxacillin, antineoplastics like paclitaxel and temozolomide, immunosuppressants including methotrexate, and antianemics such as ferrous sulfate.
The CLC reviewed files, emails, chat messages, phone conversations, and documents from 23 tenders conducted by the Ministry of Health and EsSalud. The investigation revealed that companies agreed on how to divide contracts, held group and bilateral meetings, and deliberately avoided exchanging emails or meeting in person. They also used cryptic language and nicknames to conceal their identities.
Indecopi emphasized that such agreements between bidders are among the most harmful anti-competitive practices under the Competition Law, leading to inflated public spending and higher prices for medicines.
The commission also ordered the companies to implement compliance programs for five years to reduce the risk of repeating these practices.
The decision can be appealed to the Specialized Competition Chamber of Indecopi, and administrative decisions may later be challenged in the judiciary after exhausting the administrative process.
The sanctioned companies are: B Braun Medical Peru, Instituto Quimioterápico, Laboratorios AC Farma, Distribuidora Droguería Sagitario, Laboratorios Americanos, Laboratorios Lansier, Pharmagen, OQ Pharma, Laboratorios Portugal, Laboratorios Unidos, Medifarma, Pereda Distribuidores, and Teva Perú.