This matter is important because it is about the reasonability of the methodology used by the Peruvian Ministry of Transport and Communications to charge to the mobile phone companies the fee for use the radio electric spectrum. The Ministry has filed an administrative proceeding before the Judicial Branch against America Movil Peru S.A.C. (mobile phone company) and the "Institute of Defence of Consumers and Intellectual Property" (INDECOPI) asking for the annulation of INDECOPI's decision stating that the methodology to charge the fee for use the radio electric spectrum is a bureaucratic barrier without reasonability. The payment of the fee in controversy is US$ 494'312,626.81. As America Movil Peru S.A.C's lawyers we have been in charge of the legal strategy since the judicial process was started.
On January, 2017, the claimant obtained a precautionary measure by which the effects of the administrative decision were suspended (in which it has been ordered to our client to assume S/ 69'000,000.00). However, on March 2017, we have succeeded in repealing this decision. This decision was confirmed by the Superior Court.
Matter value: US$. 494,312,626.81