On February 12, 2026, Legislative Decree No. 1728 was published, amending Legislative Decree No. 1034 – the Law on the Repression of Anticompetitive Conduct – with respect to two specific matters:
- The payment of the fee equivalent to ½ UIT for the filing of requests for interim measures before the Free Competition Commission of INDECOPI has been eliminated.
- The authority’s power to allocate among the parties the costs of evidentiary measures ordered by it has been removed.
With regard to the first point, the amendment significantly facilitates access to interim relief by eliminating the filing fee which, as of today, amounts to S/ 2,475 (two thousand four hundred seventy-five soles). In practice, this amount constituted an economic barrier to the effective enforcement of competition law.
As for the second change, the possibility for the authority to apportion among the parties the costs of evidentiary measures it orders has been eliminated. Going forward, each party will be required to bear the costs of its own evidentiary activity.
Finally, the regulation establishes its immediate application to ongoing proceedings.
Although these are targeted amendments, they are likely to have an impact on the dynamics of competition law proceedings, particularly on the number of requests for interim measures—an effect that may become evident in the coming months.
