LEY 25156 PDF

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Further, Section 2 ,ey the Competition Act provides a detailed list of anticompetitive conduct that could be considered unlawful by the competition authorities.

It should be noted, however, that pursuant to Section 1 of the Act, the law does not forbid conduct that involves parties that do not have sufficient market power to damage potentially or actually the general economic interest.

Once the bill is approved, the Argentine Executive power will need to regulate the new law in the next 60 business days; see Section IV for further details regarding the amendment. 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.

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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 2156 necessary to proceed with the cartel investigation. Some of the sources of their laws will be domestic and will have evolved over time.

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The Banking Regulation Review. The parties in a case should file the claim key the administrative decision imposing a sanction is final. Editor Mark F Mendelsohn.

The Franchise Law Review. One of the key provisions of the Competition Act is the merger and acquisitions control procedure.

The agencies responsible for enforcing prohibitions on anticompetitive conduct are the CNDC and the Secretariat collectively, the antitrust authorities.

The conclusion of this investigation was that there was a lack of competition and transparency in the market. 52156

Export controls and other trade sanctions. The decisions of the Secretariat may be appealed by parties to the judicial courts. Recently, two relevant cases, which involved claims for damages and were previously sanctioned by the CNDC, were initiated as a consequence of anticompetitive conduct.

The sanction was appealed and finally revoked by the Court of Appeals of Comodoro Rivadavia. It is important to state that there is no definition of a cartel or its equivalent in the Competition Act.

The Private Competition Enforcement Review. The current Antitrust Act does not, at present, provide for leniency programmes. The new Competition Act will also create a new, independent national competition authority.

The Government Procurement Review. 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.

Max-Planck-Institut für Innovation und Wettbewerb

The Real Estate Law Review. Further, Section 2 of the Act provides a list of anticompetitive conducts that could be considered unlawful by the Argentine antitrust authorities. Under current Argentine legislation, fines for infringing the Competition Act range from 10, to million Argentine pesos.

The fines imposed amounted to 10 million Argentine pesos for each company andArgentine pesos for the representatives. With regard to collusive practices, there does not need to be a formal and express agreement in place for the Competition Act to be applicable, only an informal understanding between the parties involved in a cartel case is necessary.

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He stated that conduct cases initiated with an aim other than the protection of 2516 competition will be dismissed and closed.

Under the new Competition Act, fines will be increased. This notwithstanding, informal international cooperation could be expected on cross-border cartel cases. As part of the investigation, Prisma submitted a settlement proposal to the Antitrust Commission in Marchwhich was approved by the Ministry of Production on 7 September The current authorities support the application and enforcement of leniency programmes, and emphasise that this kind of programme helps to encourage efficiency and transparency among markets and competition.

The bill has passed to the Senate, where is expected to be approved in the next few months. In particular, Section 2, subsections c to h of the Competition Act provide for different types of anticompetitive conduct that can be interpreted by the antitrust authorities as a cartel case.

The settlement proposal submitted by Prisma consisted of a structural and a behavioural remedy.

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