Cartel regulation—Argentina—Q&A guide
Cartel regulation—Argentina—Q&A guide

The following Corporate Crime practice note provides comprehensive and up to date legal information covering:

  • Cartel regulation—Argentina—Q&A guide
  • 1. What is the relevant legislation?
  • 2. Which authority investigates cartel matters? Is there a separate prosecution authority? Are cartel matters adjudicated or determined by the enforcement agency, a separate tribunal or the courts?
  • 3. Have there been any recent changes, or proposals for change, to the regime?
  • 4. What is the substantive law on cartels in the jurisdiction?
  • 5. To what extent are joint ventures and strategic alliances potentially subject to the cartel laws?
  • 6. Does the law apply to individuals, corporations and other entities?
  • 7. Does the regime apply to conduct that takes place outside the jurisdiction (including indirect sales into the jurisdiction)? If so, on what jurisdictional basis?
  • 8. Is there an exemption or defence for conduct that only affects customers or other parties outside the jurisdiction?
  • 9. Are there any industry-specific infringements? Are there any industry-specific defences or exemptions?
  • More...

Cartel regulation—Argentina—Q&A guide

This Practice Note contains a jurisdiction-specific Q&A guide to cartel regulation in Argentina published as part of the Lexology Getting the Deal Through series by Law Business Research (published: February 2021).

Authors: Marval O'Farrell Mairal—Miguel del Pino; Santiago del Río

1. What is the relevant legislation?

The relevant legislation for cartel prosecution is set out in Antitrust Law No. 27,442 (the Antitrust Law) enacted on 24 May 2018. Anticompetitive conduct is also regulated by Decree No. 480/2018 (the Decree) and Resolution No. 359/2018 of the Secretary of Domestic Trade.

2. Which authority investigates cartel matters? Is there a separate prosecution authority? Are cartel matters adjudicated or determined by the enforcement agency, a separate tribunal or the courts?

The Antitrust Commission is the enforcement agency responsible for prosecuting anticompetitive conduct and issuing recommendations to the Secretary of Trade, the ultimate ruling body. For this guide, all references to the Antitrust Commission will encompass the Secretary of Trade, unless expressly stated.

The Antitrust Law created a new antitrust authority, the National Competition Authority, a decentralised and separate body within the Executive Branch. However, the existing double-tier system comprising the Antitrust Commission and the Secretary of Trade will remain in force until the appointment of the members of the new antitrust authority, which will include three divisions:

  1. the Antitrust Tribunal;

  2. the Anticompetitive Conduct Secretariat; and

  3. the Merger Control Secretariat.

3. Have there

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