LEY 22262 PDF

‘s Act 22, Argentina was the enactment of Act 22, in . 13 “ Multicanal SA y otro s/Denuncia Infracción Ley 22,, ASCJ. 22, () (Ley de Defensa de a Competencia/Competition Defense Act/ CDA) –95, , –13, Arts 1–2. El resto del artículo describe la aplicación de la ley argentina de With the adoption of the provisions of Act 22,, the Argentine antitrust case law began to.

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Editor Ilene Knable Gotts. It is important to state that this list is not exhaustive; any conduct shall be considered anticompetitive when actions of Section 1 are involved.

The Private Competition Enforcement Review. The Secretary of Trade has full power to investigate and decide on the existence of anticompetitive conduct, either at the request of a party or ex officio.

In the year under review, the antitrust authorities, through the CNDC, opened 12 markets studies and initiated three market investigations. For example, antitrust litigation has been a key component of the antitrust regime for decades in the United States. The Initial Public Offerings Law Review seeks to introduce the reader to the global IPO regulatory environment and main stock exchanges in 19 jurisdictions, providing an overview of the IPO process, regulatory and exchange requirements and key offering considerations when taking a company public in these jurisdictions.

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He has also released the results of internal audits that were performed with regard to anticompetitive conduct.

Without prejudice to other penalties that 22262 correspond, when verified acts that constitute abuse of a dominant position or where it is noted that a monopolistic leu oligopolistic position in violation of the provisions of the Antitrust Law has been achieved, the Secretary of Trade may enforce conditions aimed at neutralising the distorting aspects of competition or ask the judge that the offending companies are dissolved, liquidated, unconcentrated or divided.

The Antitrust Law does not prohibit conducts per se ; conducts key be analysed in all cases by the rule-of-reason criteria, and for sanctioning, the antitrust authorities must prove an actual or potential damage to the general economic interest.

Under the current legislation, fines for infringements of the Antitrust Law range from 10, pesos to million pesos. Once the defence has been filed, the antitrust authorities may consider the explanations satisfactory or conclude that there is no merit in continuing with the investigation.

This section comprises, to the extent the conditions of the foregoing paragraph are met, the obtention of significant competitive advantages through the infringement of other rules, as declared by an administrative act or final judgment. VI Procedure Abuses of dominant position cases mostly occur through a filing made by any natural or legal lsy. Further to the analysis of the market shares of the companies, the antitrust authorities also focus their attention 2222 barriers to entry, efficiency gains, technological advantages, chains of commercialisation and market power, among other things.


Editor Theodore L Garrett. VIII Future Developments The current national government has declared that it intends to modify some of the sections of the Antitrust Law — mainly ely regarding thresholds for merger and acquisition notification.

Editor David J Goldschmidt. Nevertheless, once the resolution is notified and published in the Federal Register, interested parties may appeal it.

The procedure will be initiated by communicating the investigation to the denounced, who will have the possibility of answering it in relation to the facts or the legal basis investigated by the antitrust authorities. According to the lfy of and usual practices in Argentina, the analysis of anticompetitive acts, conduct or behaviours follows a procedure in which, as a first issue, the definition of the scope of the relevant product and geographic market involved in the investigation is highlighted.

The Antitrust Law applies to all behaviours that have effects in the Argentine territory.

As this book evidences, today almost all competition authorities have a notification process in place — with most requiring pre-merger notification for transactions that meet certain prescribed minimum thresholds. The Technology, Media and Telecommunications Review provides an overview of evolving legal constructs in 26 jurisdictions around the world. Retrieved from ” https: All the other cases during the period under review were closed without sanctions.

The Congress is currently analysing a bill with modifications of the Antitrust Law. The Public Competition Enforcement Review. Defining a geographic market involves the same considerations mentioned above for the definition of the relevant market for 222662 product, with the difference that the substitution estimate, in this case, is in terms of physical distances or capabilities of displacement, for the users as well as the producers.

Unknown date Unknown date Unknown date. The enforcement of Act No.

Argentina – The Dominance and Monopolies Review – Edition 6 – The Law Reviews

Further, the Constitution of Argentina promotes effective competition between markets in Argentina. The Antitrust Law provides no guidelines on what market shares give rise to the existence of a dominant position on one or several markets.

The Sports Law Review. In general terms, and considering the provisions established in Section 4 of the Antitrust Law, a company is considered to have a dominant position when it is the only supplier of certain goods or services or when, as a consequence of the vertical or horizontal degree of integration, it is able to determine the economic feasibility of a competitor or participant on the market.


In most scenarios, the antitrust authorities may deem it necessary to perform a specific economic analysis on the products involved and the geographical areas in which such products are offered. The Virtual Currency Regulation Review. Editor Mark F Mendelsohn. Abuses of dominant position cases mostly occur through a filing made by any natural or legal person.

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In effect, the CNDC has held that a position of dominance is the economic power that a company has to prevent effective competition from being maintained on a relevant 22262, thus enabling it to act to a great extent independently from its competitors, customers and consumers.

Section 51 of the Antitrust Law states that individuals and companies that have been affected by anticompetitive conduct have the right to sue in judicial courts and claim for damages. The insight that each title provides into the major commercial jurisdictions is invaluable 222262 all those conducting and advising on modern commerce in specific areas.

The Employment Law Review.

III Market Definition and Market Power According to the legislation of and usual practices in Argentina, the analysis of anticompetitive acts, conduct or behaviours follows a procedure in which, as a first issue, the definition of the scope of the relevant product and geographic market involved in the investigation is highlighted.

This was replaced by Act No. The above is the complete regulatory plexus that currently controls both anticompetitive conduct and merger and acquisition procedures in Argentina. This probability of entrance to the market involves the following factors: The following actions or behaviours are prohibited and shall be penalised according to the rulings of this Act: As occurs in other legislation within the area of antitrust, a private individual or company that sues in the judicial courts must reveal not only the infringement relating to the Antitrust Law, but also demonstrate and quantify the damage suffered as a result of the alleged practice.

The Secretary of Trade will make the final decision in the case, subject to analysis. Encunyat durant el regnat d’ Alfons X de Castella The Intellectual Property and Antitrust Review Edition 3 Editor Thomas Vinje Clifford Chance LLP Intellectual property is taking a more and more central position in the global economy, and this is true not only in highly developed economies, but also in emerging ones.

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