Argentina (September 16, 1999)

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Score = 25

Governed by: Defensa de la Competencia, Ley 25.156 promulgada septiembre 16 de 1999 (hereinafter referred to as “Competition Act”). [1]

Category Subcategory Score Comment
Scope Extraterritoriality 1 Article 3 says that the Article 2 provisions apply to anything that has an effect within Argentina.
Remedies Fines 1 Article 46(b) imposes fines for violations of the Act.
Prison Sentences 0
Divestitures 1 Article 46(c) allows firms to be dissolved, eliminated, dispersed or divided.
Private Enforcement 3rd Party Initiation 1 Article 26 allows any injured party to initiate proceedings.
Remedies Available to 3rd Parties 1 Article 51 allows injured party to exert actions for damages.
3rd Party Rights in Proceedings 1 Article 42 allows the injured party and all others with a legitimate claim access to the investigated facts.
Merger Notification Voluntary 0
Mandatory 3 Article 8 requires notification of mergers.
Pre-merger 2 Article 8 says that the notification must happen within a week of the conclusion of the agreement.
Post-merger 0
Merger Assessment Dominance 1 In 2003 the Authority rejected a merger application by a cable television company on the basis that it created a dominant position.[2]
Restriction of Competition 1 Article 7 says that mergers that restrict competition are prohibited.
Public Interest (Pro D) 0
Public Interest (Pro Authority) 0
Other 0
Efficiency 0
Dominance Limits Access 1 Article 2(h) prohibits limiting access to buying and selling goods.
Abusive Acts 1 Article 1 prohibits the abuse of a dominant position.
Price Setting 1 Article 2(m) prohibits price setting
Discriminatory Pricing 1 Article 2(k) prohibits imposing discriminatory conditions.
Resale Price Maintenance 0
Obstacles to Entry 1 Article 2(f) prohibits forming obstacles to entry.
Efficiency Defense 0
Restrictive Trade Practices Price Fixing 1 Article 2(a) prohibits price fixing.
Tying 1 Article 2(i) prohibits tying arrangements.
Market Division 1 Article 2(c) prohibits market division.
Output Restraint 1 Article 2(b) prohibits output restraint.
Market Sharing 1 Article 2(e) prohibits market sharing.
Eliminating Competitors 1 Article 2(f) prohibits excluding people from the market.
Collusive Tendering/Bid-Rigging 1 Article 2 prohibits bid rigging.
Supply Refusal 1 Article 2(l) prohibits supply refusal.
Efficiency Defense 0

References

  1. Argentina Competition website, http://infoleg.mecon.gov.ar/infolegInternet/anexos/60000-64999/60016/norma.htm; in English at http://www.oecd.org/dataoecd/2/40/1821895.pdf (starting at page 26)
  2. http://globalcompetitionreview.com/ara/argentina.cfm