LEY 25156 PDF

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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.

In the second case, Auto Gas SA v. Business-focused legal analysis and insight in the most significant jurisdictions worldwide Interested in contributing? The parties in a case should file the claim once the administrative decision imposing a sanction is final.

ley comentada pdf viewer – PDF Files

The Public Competition Enforcement Review. Under current Argentine legislation, fines for infringing the Competition Act range from 10, to million Argentine pesos. The most valuable evidence used by the antitrust authorities to sanction the companies was email exchanges between representatives of the companies.

The Asset Tracing and Recovery Review. The investigation of anticompetitive conduct or the analysis of mergers and acquisitions by the CNDC results in a non-binding recommendation to the Secretariat, which will make the final decision on the case, subject to analysis this applies to both merger and acquisition reviews and investigation procedures. Pursuant to Section 18, subsection g of the Competition Act, the antitrust authorities have, by law, the following functions and faculties: Partly for this reason, it is difficult for lawyers to summarise the way in which their particular jurisdictions deal with it.

The enforcement of Act No. 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 cartel investigation.

Ley 25156, de Defensa de la Competencia.

The fines imposed amounted to 10 million Argentine pesos for each company andArgentine pesos for the representatives. The Virtual Currency Regulation Review.

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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 has an effect in Argentine territory can be challenged by the Argentine antitrust authorities. Class actions and major group litigation 2516 be a seismic event not only for large commercial entities but for whole industries.

As mentioned in Section I, the Competition Act establishes in Section 1 that acts or behaviours related to the production or trade of goods and services that limit, restrict or distort competition or constitute an abuse of a dominant position in a market in a way that may result in a potential or actual key to the general economic interest, 9 are prohibited and shall be sanctioned pursuant to the rules of the law. Cartels are considered by the Argentine antitrust authorities as well as by antitrust authorities worldwide as serious infringements of the Competition 25516 because, as previously stated, they constitute one of the practices that are the most severely punished by the antitrust authorities.

This case was initiated by a claim made by a consumer that reported the existence of a cartel between the ly companies in the provision of gelatin for hospitals. He stated that conduct cases initiated with an aim other than the protection of market competition will be dismissed and closed. Nonetheless, the CNDC has stated, in one of its last 255156, 8 that the following are the principal characteristics of collusive practices: The Franchise Law Review.

In Argentina, all cases are analysed by the rule of reason criteria on a case-by-case basis.

In the case of a relapse into the unlawful activity, the fine could be doubled. The Private Competition Enforcement Review. The Trademarks Law Review. Their reach and impact mean they are one of the few types of claim that have become truly global in both importance and scope.

Enterprise and natural leu will be allowed to apply for the leniency programme employees can apply jointly with the enterprise they represent.

ley comentada pdf files – PDF Files

Anti-corruption enforcement continues to be an increasingly global endeavour and this seventh edition of The Anti-Bribery and Anti-Corruption Review is no exception. A proposed amendment to the antitrust law was submitted to Congress and approved by the Argentina House of Representatives on 22 November 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.

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The decisions of the Secretariat may be appealed by parties to the judicial courts. The agencies responsible for enforcing prohibitions on anticompetitive conduct are the CNDC and the Secretariat collectively, the antitrust authorities.

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. 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.

This notwithstanding, informal international cooperation could be expected on cross-border leu cases.

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Further, in the past few years, the staff at the Antitrust Commission have received exhaustive training from experts from other agencies.

The antitrust authorities will consider cartel cases using the economic reality principle, by which they will take into consideration the true nature of the conduct regardless of its manifestation. The antitrust authorities may also lwy a judicial order to inspect the companies that they believe are involved in the cartel case with the aim of obtaining evidence.

Under the new Competition Act, fines will be increased. That decision will be binding on the civil judge and the case will be heard under expedient procedural rules and special treatments for parties that benefited from leniency will apply.

The Life Sciences Law Review. Specifically, Section 3 of the Competition Act establishes that:.