Overview
- The First Specialized Constitutional Court of Lima granted Cosco Shipping’s amparo and ordered Ositrán to abstain from regulating, supervising, inspecting or sanctioning operations at the Chancay terminal.
- Tariff regulation remains possible only if Indecopi first issues a firm determination that there is no competition in services to end users.
- The court found Chancay is habilitated by the APN, funded entirely with private capital and operates without a state concession, so rules used to impose full Ositrán oversight are inapplicable to this case.
- Responsibilities are redistributed as APN retains technical, operational and safety supervision, while Indecopi evaluates competition conditions that could trigger limited tariff intervention.
- The ruling was issued as Resolution No. 6 on January 29, 2026, Ositrán says it has not been formally notified, and the first-instance decision remains subject to appeal and could influence regulation of privately financed infrastructure.