LEY 25156 PDF

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

The Acquisition and Leveraged Finance Review. Further, Section 2 of the Act provides a list of anticompetitive conducts lej could be considered unlawful by the Argentine antitrust authorities. Further, in Novemberthe Organisation for Economic Co-operation and Development reincorporated Argentina as an observer in its Competition Committee, which is in charge of monitoring the worldwide fight against, inter aliacartel cases and transparency. 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.

Ley de Defensa de la Competencia | El Cronista

As part of an inspection, the authorities may review emails, diaries and documentation that they understand could have information or constitute evidence regarding the cartel case. Further lye in cases where the fine could not be determined by using the aforementioned factors, a fine of up to million indexable units which are determined by the new Competition Act can be imposed. For the purpose of this law, in order to determine the real nature of the acts, conducts or agreements, the authorities will take into account situations and economic relations that are actually carried out, pursued or established.


The International Trade Law Review.

To be considered a cartel case, the conduct must also comply with the description that is given in Section 1 of the Act. The antitrust authorities usually, in the second instance, call the parties they believe are involved in the cartel case, or third parties, to hearings.

Nonetheless, the CNDC has stated, in one of its last precedents, 8 that the following are the ely characteristics of collusive practices: Mr Greco, as a first step, carried out internal audits. The CNDC is still the agency that investigates both anticompetitive conduct and merger and acquisition procedures as a formal requirement of 225156 Secretariat, which has full power to investigate and decide on the existence of anticompetitive conduct either at the request of a party or ex officio.

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 leu of their competitors. Recently, two relevant cases, which involved claims 2515 damages and were previously sanctioned by the CNDC, were initiated as a consequence of anticompetitive conduct.

Both cases were appealed 25165 judicial courts and to the Supreme Court of Justice, and the sanctions imposed by the competition authority were confirmed by both. In practice, the antitrust authorities request, lwy the first instance, either the parties involved or third parties that may have knowledge or information regarding the collusion to provide documents or information they deem necessary to pursue the investigation.

As a consequence of the aforementioned, directors, managers, administrators, receivers or members of the surveillance commission who contribute, encourage or permit an infringement are jointly and severally liable regarding the imposition of the fine.

The fines imposed amounted to 10 million Argentine pesos for each company andArgentine pesos for the representatives. This guide contains contributions from eminent practitioners the world over, who have, on the basis of their experience, set out what they regard as critical within their own jurisdictions.


ley 25156 comentada pdf files

The decisions of the Secretariat may be appealed by parties to the judicial courts. Further, the CNDC has concluded — after several cartel investigations — that there are some factors that facilitate collusion, namely buyer power, product homogeneity, symmetry, oligopolistic markets and multimarket contacts.

Mr Greco acknowledged that the antitrust authorities, in past years, have failed to comply with the terms established in the Competition Act as regards conduct cases. Business-focused legal analysis and insight in the most significant jurisdictions worldwide 2556 in contributing? The Life Sciences Law Review. The enforcement of Act No.

ley comentada pdf viewer – PDF Files

The law leh the named decree were complemented by regulations regarding the procedures established in them. The proposed amendment, among other things, suggests the establishment and application of leniency programmes in Argentina. To determine the amount of the fine, the criteria used by the authorities take into account the following:. The Real Estate Law Review.

Ley 25156, de Defensa de la Competencia.

The new Competition Act will also create a new, independent national competition authority. In addition, the antitrust authorities usually review all communications made by associated competitors. The sanction was appealed and finally revoked by the Leyy of Appeals of Comodoro Rivadavia.

Further, it is important to highlight that the Competition Act has adopted the effects doctrine, which implies, in practice, that any act or conduct performed, or any agreement signed abroad, that has an effect in Argentine territory could be challenged by the antitrust authorities.