The Peruvian response to the pandemic was marked by corruption, politisation and socialist ideologies. In this context, the vaccination process was a corollary of the way the pandemic was managed. In this brief note, I comment on a judicial decision about a claim that aimed to allow the acquisition and sale of vaccines by the private sector. While the decision is well-intentioned and presents some good arguments, it reaffirms a major mistake made by the government: banning the involvement of the private sector on COVID-19 vaccine commercialisation based on the mistaken belief that free distribution of vaccines guarantees equality and prioritises people over profits. We argue that this policy, supported by the judge’s decision, ultimately leads to inefficiency and more inequality.