The presence of Chinese interests in the Americas has been strongly contested by Donald Trump since he re-installed in the White House for his second term to the presidency of the United States. A complaint that was made also to the Chinese management of mainland ports, starting from those of Panama where the Panama Ports Company of the group Hong Kong's CK Hutchison Holdings, after being ousted by the Panamanian authorities by the management of the ports of Cristóbal and Balboa, decided to initiate arbitration against the State of Panama at the International Chamber of Commerce (ICC). But under the lens of the U.S. federal government, it has been the new Peruvian port of Chancay which has been built and is managed by the Chinese COSCO Shipping Ports as part of the joint venture COSCO Shipping Ports Chancay Perú 60% owned by the Chinese company and 40% by the Peruvian company Volcan. The South American port was inaugurated at the end of 2024 ( of 15 November 2024) and, under Peruvian law, is a port private for public use.

It is precisely on this type of management and exploitation of the port of call, which does not take place under a concession state-owned as the port is owned by COSCO Shipping Ports Chancay Perú, a legal dispute with the Peruvian authorities. On the Chinese side private ownership of the airport is claimed, while from Peruvian side, it is required that the activity of the port be subject to control activities carried out, among others authority, by the national antitrust authority Instituto Nacional de Defensa de la Competencia y de la Protección de the Propiedad Intelectual (Indecopi) and the Supervisory Body of la Inversión en Infraestructura de Transporte de Uso Público (Ositrán), the national public body that regulates the Concession transport segment.

Since the start of the operational activity of the port of Chancay COSCO Shipping Ports had requested that the business of the port of call, as a private one, was not subject to the supervision of Ositrán, a thesis that last February was was upheld by a court that had agreed with COSCO on the private nature of the infrastructure and which, however, had confirmed the right of a state body such as Indecopi to supervise the competition. In recent days, the Peruvian judiciary, rejecting in the first instance the constitutional appeal brought by Cosco Shipping Ports Chancay Perú, has once again confirmed the Indecopi's powers to assess the conditions of competition of the port of Chancay as they would not violate the rights of contractual provisions of the company.

Yesterday, however, the Second Constitutional Chamber of the Court Superior of Justice of Lima overturned the sentence of first February which limited the powers of the Ositrán declaring inadmissible the appeal filed by Cosco Shipping Ports Chancay Perú. With this judgment, the Court, as as was the case for Indecopi, concluded that the disputed are part of the normal exercise of the powers that the law confers on Ositrán and that they do not pose a threat certain and imminent fundamental rights, an essential requirement for the admissibility of an injunction procedure. In addition, the The panel of judges clarified that the port of Chancay is public transport infrastructure and that, regardless of the private property, the company that manages it is qualifying as a service provider and, consequently, is subject to regulatory, supervisory, control and sanctions that current legislation attributes to Ositrán.