Lima, Peru – A protracted commercial dispute between beverage companies San Miguel del Sur Bottling Plant (ISM) and Ajeper has culminated in a meaningful ruling by Peru’s Specialized Chamber in Defense of Competition (SDC). Resolution 0180-2025/SDC-INDECOPI, issued in August 2025 and digitally signed in September, confirms a prior November 2024 resolution while together overturning portions of it, finding Ajeper guilty of unfair competition through denigration.
The core of the conflict centers on statements made by Ajeper that ISM was subordinate to Grupo Aje, an irresponsible company failing to meet contractual obligations, and improperly utilizing the brands “KR,” “Kola Real,” “Cielo,” and “Sabor de Oro” without authorization. The SDC determined that while some of Ajeper’s initial claims lacked sufficient evidence to demonstrate the imputed messages, other statements demonstrably undermined ISM’s image, reputation, and prestige.
Consequently, Ajeper has been sanctioned with a fine of 68.01 Tax Tax Units (UIT), equivalent to S/363,853.5, and ordered to cease all dissemination of the contested communications.
Both Ajeper and ISM declined to comment on the ruling, though sources indicate Ajeper has filed an appeal. The case highlights ongoing tensions within Peru’s competitive beverage market,especially concerning brand ownership and fair market practices.
