Argentina merger control (2019)
Produced in partnership with Baker & McKenzie Sociedad Civil
Argentina merger control (2019)

The following Competition guidance note Produced in partnership with Baker & McKenzie Sociedad Civil provides comprehensive and up to date legal information covering:

  • Argentina merger control (2019)
  • 1. Have there been any recent developments regarding the Argentine merger control regime and are any updates/developments expected in the coming year? Are there any other 'hot' merger control issues in Argentina?
  • 2. Under Argentine merger control law, is the control test the same as the EU concept of ‘decisive influence’? If not, how does it differ and what is the position in relation to minority shareholdings?
  • 3. Are joint ventures caught by the national merger control provisions (including non-structural, cooperative joint ventures)?
  • 4. What are the merger control thresholds and would a purely foreign-to-foreign transaction be caught (commenting on any ‘effects’ doctrine/policy if relevant)?
  • 5. Are there any specific issues parties should be aware of when compiling and calculating the relevant turnover for applying the jurisdictional thresholds?
  • 6. Where the jurisdictional thresholds are met, is notification mandatory and must closing be suspended pending clearance?
  • 7. Is there any discretion to review transactions that fall below the notification thresholds?
  • 8. Is it possible to close the deal globally prior to local clearance?
  • 9. Is there a deadline for filing a notifiable transaction and what is the timetable thereafter for review by the Commission?
  • more

A conversation with Esteban Rópolo, attorney at Argentine law firm Baker & McKenzie Sociedad Civil on key issues on merger control in Argentina.

NOTE–to see whether notification thresholds in Argentina and throughout the world are met, see Where to Notify.

1. Have there been any recent developments regarding the Argentine merger control regime and are any updates/developments expected in the coming year? Are there any other 'hot' merger control issues in Argentina?

The Defence of Competition Law No. 27,442 (the Law) enacted on 22 May 2018, sets up a new merger control regime in Argentina. Under the Law, the National Antitrust Authority, as a decentralised and self-governing body within the national executive branch, will be the competent authority for competition matters. Such Authority will include by the Antitrust Court, the Secretariat of Anti-competitive Behaviours and the Economic Concentrations Secretariat. Once their members are appointed, these authorities will replace the current functions of the Antitrust Commission and of the Secretary of Commerce. Therefore, when we make reference to the Commission, it must be understood that we are making reference to the antitrust authorities.

The Law introduced major changes to the Argentine merger control system. The main purpose of these changes was to bring Argentina into line with the international experience in antitrust matters.

The Law is regulated by Decree No. 480/2018, and the Commission