Countries › Peru › Guide › 13. Regulation › Unfair competition and advertising rules in Peru: deceptive claims, comparative ads, trade secrets, price display and INDECOPI fines

Unfair competition and advertising rules in Peru: deceptive claims, comparative ads, trade secrets, price display and INDECOPI fines

Last verified: 2026-10-28 · Status: Stable

Peru's unfair competition law (DL Nº 1044) bans any act contrary to business good faith that affects the competitive process in Peru, including deception, confusion, free riding on another's reputation, denigration, misuse of trade secrets and gaining an edge by breaking mandatory rules. Advertising needs no prior approval, but the advertiser must hold proof of objective claims before publishing, ads must be recognisable as ads, and advertised prices must include taxes and, if in dollars, show the soles equivalent. INDECOPI fines reach 50, 250 or 700 UIT (S/ 275,000, S/ 1.375 million or S/ 3.85 million), each capped at 10 percent of the offender's prior year income, with 25 percent off for paying without appealing. A complaint costs S/ 1,415.10.

USD figures use S/ 3.452 per US dollar, the banking system selling rate published by the Superintendencia de Banca, Seguros y AFP for 27 October 2026, from the Banco Central de Reserva del Perú statistics series PD04640PD. UIT based amounts use the 2026 UIT of S/ 5,500 set by Decreto Supremo Nº 301-2025-EF, as listed in the SUNAT UIT table. Fines expressed in UIT are paid at the UIT in force on the payment date. Conversions are for orientation only.

Key facts

Maximum unfair competition fine, very serious	700 UITDL Nº 1044 art. 52.1 d), as of 2026-10-28 · in force
Unfair competition fine cap, share of prior year gross income	10 %DL Nº 1044 art. 52.1, as of 2026-10-28 · in force
Discount for paying the fine without appealing	25 %DL Nº 1044 art. 52.5, as of 2026-10-28 · in force
Limitation period for unfair competition infringements	5 yearsDL Nº 1044 art. 51, as of 2026-10-28 · in force
Prior approval of advertising required	No DL Nº 1044 art. 22, as of 2026-10-28 · in force
Fee for a business complaint on unfair competition	1,415.10 PENTUPA INDECOPI procedure PA140010FB, as of 2026-10-28 · in force

The rule

1. The law bans every act or conduct of unfair competition that actually or potentially affects or prevents the proper functioning of the competitive process, including acts carried out through advertising. An act is unfair when it is objectively contrary to the requirements of business good faith that should guide competition in a social market economy, whatever form or medium it takes and in any sector. It applies to anyone that offers or demands goods or services, with or without profit, and to acts that produce or may produce effects in Peru even if they originate abroad. Neither intent nor actual harm needs to be proven, and the authority looks at the economic substance of the conduct rather than its legal form.
Cost to do it: No fee for compliance; the cost is legal review of campaigns and competitive practices.
Example: A foreign online seller targeting Peruvian buyers with misleading claims is subject to the law under art. 4 even without a Peruvian entity. / Same conclusion for a US brand advertising in Peru through social media: effects in Peru are enough.Decreto Legislativo Nº 1044, Ley de Represión de la Competencia Desleal (El Peruano, 26 June 2008), SPIJ text with amendment notes on gob.pe, Art. 1, art. 2, art. 3, art. 4, art. 5, art. 6 and art. 7, 2008-06-26 official text · verified 2026-10-28

2. The law lists specific unfair acts: deception (inducing others into error about the nature, origin, characteristics, quality, price or conditions of goods, services or the business itself, including testimonial advertising not based on genuine recent experience), confusion, undue exploitation of another's reputation, denigration, improper comparison or equating, violation of trade secrets (disclosing or exploiting secrets accessed under a duty of confidentiality or obtained through espionage), violation of mandatory rules to obtain a significant competitive advantage (for example operating without a required licence), and business sabotage. The advertiser bears the burden of proving the truth of objective claims and must hold the supporting evidence before the ad is published.
Cost to do it: Substantiating claims costs testing, studies or certificates before launch; keep them on file.
Example: A detergent advertised as 'removes 99 percent of stains' needs laboratory evidence held before the campaign starts; producing it only after a complaint is too late under art. 8.4. / A transport app operating without the municipal licence its rivals hold can be sanctioned for violation of rules under art. 14 if it gains a significant advantage.Decreto Legislativo Nº 1044, Art. 8 to art. 15 (art. 8.3 and 8.4 on prior substantiation; art. 14.2 b) on missing licences), 2008-06-26 official text · verified 2026-10-28

3. Advertising is subject only to after the fact control: no authority approves ads in advance. Ads must be recognisable as advertising, so paid content presented as news or opinion must state clearly that it is an advertorial or paid announcement. Ads must comply with mandatory sector rules; in particular, when a price is advertised it must be the total price including taxes and any unavoidable charge, a price in foreign currency must show the soles equivalent in identical characters of equivalent size, credit offers must show the effective annual rate and charges, and promotions must state their duration and the minimum number of units available. The advertiser is always liable; the media outlet is also liable for breaching rules on what may be broadcast, and the advertising agency when the infringing content is not about the product's own features.
Cost to do it: No prior approval fee; legal clearance of campaigns is the cost.
Example: A Lima car dealer advertising a pickup at 'US$ 29,990' must show the soles equivalent, about S/ 103,525 at S/ 3.452, in the same size, and the price must include IGV. / A sponsored post by an influencer for a Peruvian brand must be identifiable as advertising under art. 16.Decreto Legislativo Nº 1044, Art. 16, art. 17.1 to 17.3, art. 22 and art. 23, 2008-06-26 official text · verified 2026-10-28

4. Unfair competition is sanctioned by INDECOPI's Comisión de Fiscalización de la Competencia Desleal. A minor infringement with no real market effect gets a warning; otherwise fines reach 50 UIT for minor, 250 UIT for serious and 700 UIT for very serious infringements, each capped at 10 percent of the offender's gross income from all activities in the year before the decision. The 10 percent cap does not apply if the offender fails to prove its income or is a repeat offender. Fines are computed at the UIT in force on the payment date and cut by 25 percent if paid before the appeal deadline without appealing. Infringements lapse five years after the last act. The Commission can also order corrective measures such as rectifying advertising.
Cost to do it: Up to S/ 3,850,000 for a very serious infringement; paying early saves 25 percent.
Example: A serious deceptive campaign fined 100 UIT costs S/ 550,000, or S/ 412,500 if paid within the appeal period without appealing. / About US$159,328, or US$119,496 with the early payment discount.Decreto Legislativo Nº 1044, Art. 51, art. 52.1 to 52.5 and art. 53, 2008-06-26 official text · verified 2026-10-28

5. Procedures start ex officio or on complaint. INDECOPI's procedures text charges S/ 1,415.10 for a complaint under the unfair competition law, and S/ 108.00 when the complaint for deception or breach of advertising legality to the detriment of consumers is filed by consumers or consumer associations, with a processing term of 205 business days and negative administrative silence. Where unfair conduct harms consumers' collective interests, the Commission can refer the file to INDECOPI's legal department to sue for damages on their behalf.
Cost to do it: S/ 1,415.10 for a business complaint (about US$410); S/ 108 for consumers (about US$31.29).
Example: A competitor challenging a rival's comparative advertising pays S/ 1,415.10 and should expect up to 205 business days to a first instance decision. / About US$410 to file.TUPA del INDECOPI (DS Nº 088-2025-PCM, consolidated with Res. Nº 000047-2026-PRE/INDECOPI of 13 May 2026); DL Nº 1044 art. 58.3 as amended by Ley Nº 31112, TUPA procedure PA140010FB; art. 58.3 of DL Nº 1044, 2026-05-13 official text · verified 2026-10-28

Category	Fine cap	S/ at 2026 UIT	US$
Minor without real effect	Warning
Minor	50 UIT	S/ 275,000	US$79,664
Serious	250 UIT	S/ 1,375,000	US$398,320
Very serious	700 UIT	S/ 3,850,000	US$1.12 million

Unfair competition fines under DL Nº 1044 art. 52, each capped at 10 percent of prior year gross income unless income is not proven or the offender is a repeat offender.

Worked example

A beverage importer advertises in Peru that its drink 'has twice the vitamins of the leading brand' without studies on file. The rival files a complaint and pays S/ 1,415.10. INDECOPI finds deception and improper comparison, orders the ad withdrawn and imposes a serious fine of 80 UIT, S/ 440,000 (about US$127,462); paying before the appeal deadline without appealing cuts it to S/ 330,000.

Step by step

Set up a pre launch review of every campaign: claims substantiation file, total price with IGV, soles equivalent of dollar prices, promotion duration and stock.
Label paid content, influencer posts and advertorials clearly as advertising.
Protect trade secrets with confidentiality agreements and access controls, which also support claims under art. 13.
Hold every sector licence your rivals must hold; operating without it can be unfair competition, not only a regulatory breach.
If sanctioned, weigh the 25 percent discount for paying without appealing against the merits of an appeal.

Common traps

Evidence for objective claims must exist before publication, not be gathered after a complaint.
The 10 percent of income cap is lost if the company cannot prove its income or reoffends.
Prices in dollars without the soles equivalent in equal size breach advertising legality.
Agencies and media can be liable alongside the advertiser in the cases of art. 23.

Sources

← Cartels, abuse of dominance and competition fines in Peru: what is banned outright, leniency, prison for cartels and how fines are setConsumer protection in Peru: information duties, complaints book, 15 day response, e-commerce rules for foreign sellers and INDECOPI fines →

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