Argentina (1980): Difference between revisions
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| Prison Sentences | | Prison Sentences | ||
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| The proposed amendment to Ley 22.262 (which became the current competition | | The proposed amendment to Ley 22.262 (which became the current competition act, Ley de Defensa de la Competencia No. 22.156 in 1999) abolished prison penalties.<ref>1997 OECD report at page 6</ref> | ||
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| Voluntary | | Voluntary | ||
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| The current competition | | The current competition act, Ley de Defensa de la Competencia No. 22.156 (enacted in 1999) created "the basis for an important and previously non-existing active regulatory control over potentially anti-competitive concentration events in Argentina."<ref> http://www.iflr.com/?ISS=11977&PUBID=33&Page=10&SID=508950&SM=&SearchStr=; 1998 OECD report at page 19</ref> | ||
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| Abusive Acts | | Abusive Acts | ||
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| The Competition | | The Competition Act prohibits abuse of dominant position.<ref>1998 OECD at page 2</ref> | ||
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| Price Setting | | Price Setting | ||
| | | 1 | ||
| | | The Competition Act prohibits pricing.<ref>1998 OECD report at page 2</ref> | ||
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| Discriminatory Pricing | | Discriminatory Pricing | ||
| | | 1 | ||
| | | The Competition Act prohibits price discrimination.<ref>1998 OECD report at page 2</ref> | ||
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| Resale Price Maintenance | | Resale Price Maintenance | ||
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| Obstacles to Entry | | Obstacles to Entry | ||
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| | | The Competition Act prohibits barriers to market entry.<ref>1998 OECD report at page 2</ref> | ||
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| Efficiency Defense | | Efficiency Defense | ||
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Revision as of 19:54, 15 July 2008
Score =
Governed by: Ley de Defensa de la Competencia, Ley 22.262 enacted August, 1980 (hereinafter referred to as “Competition Act”).[1][2]
| Category | Subcategory | Score | Comment |
|---|---|---|---|
| Scope | Extraterritoriality | 0 | |
| Remedies | Fines | 1 | The National Commission for the Defense of Competition had the authority to impose fines.[3] |
| Prison Sentences | 1 | The proposed amendment to Ley 22.262 (which became the current competition act, Ley de Defensa de la Competencia No. 22.156 in 1999) abolished prison penalties.[4] | |
| Divestitures | 0 | ||
| Private Enforcement | 3rd Party Initiation | 0 | |
| Remedies Available to 3rd Parties | 0 | ||
| 3rd Party Rights in Proceedings | 0 | ||
| Merger Notification | Voluntary | 1 | The current competition act, Ley de Defensa de la Competencia No. 22.156 (enacted in 1999) created "the basis for an important and previously non-existing active regulatory control over potentially anti-competitive concentration events in Argentina."[5] |
| Mandatory | 0 | ||
| Pre-merger | 0 | ||
| Post-merger | 1 | ||
| Merger Assessment | Dominance | 0 | |
| Restriction of Competition | 0 | ||
| Public Interest (Pro D) | 0 | ||
| Public Interest (Pro Authority) | 0 | ||
| Other | 0 | ||
| Efficiency | 0 | ||
| Dominance | Limits Access | 0 | |
| Abusive Acts | 1 | The Competition Act prohibits abuse of dominant position.[6] | |
| Price Setting | 1 | The Competition Act prohibits pricing.[7] | |
| Discriminatory Pricing | 1 | The Competition Act prohibits price discrimination.[8] | |
| Resale Price Maintenance | 0 | ||
| Obstacles to Entry | 1 | The Competition Act prohibits barriers to market entry.[9] | |
| Efficiency Defense | 0 | ||
| Restrictive Trade Practices | Price Fixing | ||
| Tying | |||
| Market Division | |||
| Output Restraint | |||
| Market Sharing | |||
| Eliminating Competitors | |||
| Collusive Tendering/Bid-Rigging | |||
| Supply Refusal | |||
| Efficiency Defense |
References
- ↑ Portion of actual text in Spanish available at http://ec.europa.eu/comm/competition/publications/blc/boletin_2_es.pdf at page 9. Secondary source analysis in English available from 1997 and 1998 OECD reports, available at http://www.oecd.org/dataoecd/4/22/1823893.pdf and http://www.oecd.org/dataoecd/2/40/1821895.pdf.
- ↑ This law was not actively enforced until the 1990's (1997 OECD report at page 2)
- ↑ 1997 OECD report at page 2
- ↑ 1997 OECD report at page 6
- ↑ http://www.iflr.com/?ISS=11977&PUBID=33&Page=10&SID=508950&SM=&SearchStr=; 1998 OECD report at page 19
- ↑ 1998 OECD at page 2
- ↑ 1998 OECD report at page 2
- ↑ 1998 OECD report at page 2
- ↑ 1998 OECD report at page 2