LEY 25156 PDF

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He has also released the results of internal audits regarding anticompetitive conduct including but not limited to cartel cases. Once approved by the Senate, the Act has to be regulated within the next 60 business days.

The Public Competition Enforcement Review. They will no longer be determined in Argentine pesos but will be determined by the following factors: The fines imposed amounted to 10 million Argentine pesos for each company andArgentine pesos for the representatives. Finally, any agreements or terms and conditions that infringe the Competition Act might be declared null and void.

One was a cartel case and the other focused on an abuse of dominant position. The most valuable evidence used by the antitrust authorities to sanction the companies was email exchanges between representatives of the companies. In the second case, Auto Gas SA v. Further, in Novemberthe Organisation for Economic Co-operation and Development reincorporated Argentina as an observer in its Competition Committee, which is in charge of monitoring the worldwide fight against, inter aliacartel cases and transparency.

The Private Competition Enforcement Review. The Government Procurement Review.

Argentina – The Cartels and Leniency Review – Edition 6 – The Law Reviews

In addition to all the sanctions described above, the individuals or legal entities who are injured by the acts and behaviours forbidden by the 225156 Act may sue for damages in a court of competent jurisdiction in accordance with the laws of Argentina.

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The Projects and Construction Review. The parties in a case should file the claim once the administrative decision imposing a sanction is final. Additionally, it is important to highlight that the Competition Act has adopted the effects doctrine, which implies that any act performed or agreement signed abroad that 25516 an effect in Argentine territory can be challenged by the Argentine antitrust authorities.

It is worth mentioning that one of the objectives of the current president of the CNDC is to state international policies as regards antitrust matters so as to promote transparency and efficiency in the Argentine market. In this case, the authorities highlighted that another factor to consider when evaluating the possibilities of collusion in an oligopolistic market is transparency, as it is an efficient tool that allows companies to reveal the actions of their competitors.

With regard to current developments in anticompetitive cases, in Septemberthe current Antitrust Commission served notice to Prisma Medios de Pago SA Prisma and its 14 shareholder banks of an investigation by means of which it set out three main anticompetitive conducts.

The Franchise Law Review.

Ley 25.156 de Defensa de la Competencia

All cases will be analysed leyy the rule of reason criteria. The enforcement of Act No. However, a proposed amendment to the antitrust law was submitted to Congress and approved by the Argentina House of Representatives on 22 November The Antitrust Act does not contain any statement of cooperation with other jurisdictions regarding international cooperation in cartel cases. As regards enforcement of the Competition Act, a cartel must be proven to have an effect on the Argentine market.

The sanction was appealed and finally revoked by the Court of Appeals of Comodoro Rivadavia.

To determine the amount of the fine, the criteria used by the authorities take into account the following:. Explore our content Close. In the history of Argentine antitrust cartel investigations there are two huge cases regarding the following markets: There are no exceptions expressly included in the Competition Act regarding cartel cases. Both cases were appealed to judicial courts and to the Supreme Court of Justice, and the sanctions imposed by the competition authority were confirmed by both.

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One of the key provisions of the Competition Act is the merger and acquisitions control procedure.

Healthcare, consumer and environmental fraud. As part of an inspection, the authorities may review emails, diaries and documentation that they understand could have information or constitute evidence regarding the cartel case.

As a consequence of the aforementioned, directors, managers, administrators, receivers or members of the surveillance commission who contribute, encourage or permit an infringement are jointly and severally liable regarding the imposition 2516 the fine. The CNDC is still the agency that investigates both anticompetitive conduct and merger and acquisition procedures as a formal requirement of the Secretariat, which has full power to investigate and decide on the existence of anticompetitive conduct either at the request of a party or ex officio.

The Trademarks Law Review.

ley 25156 comentada pdf viewer

The antitrust authorities started the investigation by requesting information from the hospitals and subsequently asked for a judicial order to review the companies in situ and to take any information that they deemed necessary to proceed with the 251556 investigation. Class actions and major group litigation can be a seismic event not only for large commercial entities but for whole industries.

Further and in cases where the fine could not be determined by using the aforementioned factors, a fine of up to leu indexable units which are determined by the new Competition Act can be imposed.