Talk:Argentina (September 16, 1999)

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Argentina 1999 Divestures

This is translated from Spanish, but it sounds to me like it allows for divestures.

Article 46(c) "Without damage of other sanctions that will be able to correspond, when acts are verified that constitute abuse of dominant position or when it is stated that it has acquired itself or consolidated a monopolistic or oligopolical position in violation of the dispositions of this law, the Court will be able to impose the fulfillment of conditions that aim to neutralize the distorsivos aspects on the competition or to ask for the competent judge who the infractoras companies are dissolved, eliminated, dispersed or divided;"

--AchalOza 17:16, 21 June 2007 (EDT)


Absolutely. "Dissolved," "dispersed," and "divided" all sound like divestitures to me.

--JWSchneider 17:47, 21 June 2007 (EDT)

Argentina 1999 3rd Party Initiation

Again, translated from Spanish. This seems to allow 3rd Party Initiation:

Article 26 -"The procedure will begin of office or by denunciation made by any physical or legal, public or deprived person."

--AchalOza 17:27, 21 June 2007 (EDT)


"Deprived" person? Google may have translated this wrong. Maybe the term for "private" also means deprived? Based on this, it certainly looks like it's leaning towards private initiation.

--JWSchneider 17:49, 21 June 2007 (EDT)


I should have clarified this. Based on the rest of the text, I think "deprived person" means "injured party."

--AchalOza 09:16, 22 June 2007 (EDT)

Argentina 1999 Remedies Available to 3rd Parties

Sounds like it allows damages for 3rd parties:

Article 51, "The physical people or legal victims by the acts prohibited by this law, will be able to exert the action for damages of damages and damages as the norms of the common right, before the competent judge in that matter."

--AchalOza 17:39, 21 June 2007 (EDT)


Agreed.

--JWSchneider 17:49, 21 June 2007 (EDT)

Argentina 1999 3rd Party Rights

Seems like they're saying that people who are affected by the anti-competitive firm have a right to evidence (the investigated facts):

Article 42, "The Court will be able to give intervention like helping part in the procedures that are abridged before he himself, the affected ones of the investigated facts, to the associations of consumers and associations legally recognized industralists, to the provinces and all other person who can have a legitimate interest in the investigated facts."

--AchalOza 17:43, 21 June 2007 (EDT)


Agreed.

--JWSchneider 17:50, 21 June 2007 (EDT)