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OSITRAN to regulate Chancay port tariffs following Indecopi ruling

21 April, 2025

Introduction

The National Institute for the Defense of Competition and Intellectual Property Protection (Indecopi) has concluded that there are no competitive conditions in the port services offered by the Port of Chancay compared to the Port of Callao. This determination means that the Supervisory Agency for Investment in Public Transport Infrastructure (Ositran) must intervene to regulate the rates at the Port of Chancay.

Indecopi’s determination

Indecopi conducted a technical analysis that identified four relevant markets related to container ship services and container cargo at the Chancay Multipurpose Port Terminal. The study concluded that there are no conditions of effective competition between the Port of Chancay and the Port of Callao, which justifies Ositrán’s regulatory intervention.

Implications of the regulation

With this determination, Ositrán must establish maximum rates for standard port services in the Port of Chancay. This measure seeks to prevent monopolistic practices and ensure fair prices for users. However, the regulation could face challenges, as the Port of Chancay operates under a private model without a concession contract with the State, unlike the Port of Callao.

Reactions from Cosco Shipping

Cosco Shipping Ports Chancay Perú S.A., operator of the Port of Chancay, has expressed its disagreement with Indecopi’s determination, arguing that conditions of competition do exist. The company is evaluating the arguments in the report in order to issue a more detailed position and does not rule out taking legal action to defend its interests.

To address the new regulatory environment, companies involved in foreign trade may require the support of a lawyer specializing in business law, accounting audit services, or tax and legal advice, to enable them to adjust their financial and legal strategies in light of this new state intervention.

Industry opinions

The Lima Chamber of Commerce has expressed concern about state intervention in a private investment project, noting that it could discourage future investment. On the other hand, foreign trade experts have pointed out that regulating tariffs at the Port of Chancay could be complex due to the diversity of services offered and the need for a flexible tariff structure.

Conclusion

Indecopi’s decision and Ositrán’s subsequent intervention in the regulation of tariffs at the Port of Chancay represent a significant change in the Peruvian port landscape. While the measure seeks to ensure competition and protect users, it also poses challenges in implementing appropriate regulation for a port that operates under a private model and offers a wide range of services. It will be essential for the authorities and stakeholders to work together to ensure a balance between promoting private investment and protecting the public interest.

 

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