‘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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After the evidence is produced, the antitrust authorities must decide the case in 60 days, ending the administrative claim.
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Strictly, the abuse of a dominant position can be raised by exploitative or exclusionary conduct, acts or behaviours. This means that the Antitrust Law is applied not only to acts and behaviours that occur in 222262 Argentine territory, but also to certain acts or behaviours that take place in other countries and that have effects on the Argentine market.
Editor John P Janka.
The complainant should cooperate with the investigation, and the antitrust authorities may require information from other competitors in the relevant market. In the reports from around the world collected in this volume, we continue to see 222262 good deal of international overlap among the issues and industries attracting government enforcement attention.
Editor Theodore L Garrett. For the purpose of this Act, one or more persons are understood to have a dominant position when for a certain type of product or service it is the only one to offer or ask in the national market or in one or more parts of the world or, when not being the only one, it is not exposed to a material competition or, when due to the degree of vertical or horizontal integration it is in a position to determine the economic viability of a competitor sharing the market, in detriment of the latter.
Such conduct may include, but is not limited to: If you wish to use this contentyou do not need to request permission as long as you follow any licensing requirements mentioned on this page. So that the replacement on the demand side is effective, consumers must evaluate the products as being able to meet the same needs, under similar consumption opportunities. 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 market, thus enabling it to act to a great extent independently from its competitors, customers and consumers.
Notwithstanding the above-mentioned as to the lack of a precise criteria in the Argentine legislation, the CNDC frequently adopts foreign criteria and precedents, namely the ones adopted by the EU Competition Commission, when considering the analysis of precedents.
File:Alfonso X noven jpg – Wikimedia Commons
Despite this, the Antitrust Law gives the opportunity for the denounced to make an arrangement with the antitrust ldy by which it commits to cease immediately the conduct that affects competition. Summary [ edit ] Description Alfonso X noven The Antitrust Law provides no guidelines on what market shares give rise to the existence of a dominant position on one or several markets.
Pre-merger competition review has advanced significantly since its creation in in the United States. Otherwise, the denounced will be notified to submit its disclaimer and to offer evidence to be produced.
Without prejudice to other penalties that may correspond, when verified acts that constitute abuse of a dominant position or where it is noted that a monopolistic or oligopolistic position in violation of the provisions of the Antitrust Law has been leu, the Secretary of Trade may enforce conditions aimed at neutralising the distorting aspects of competition or ask the judge ,ey the offending companies are dissolved, liquidated, unconcentrated or divided. Manipulation of benchmark interest rates and foreign exchange trading.
Yet international trade and cross-border transactions are, and will remain, firmly entrenched in the day-to-day business of commercial institutions, and the fact that this is the 2226 title published by The Law Reviews comes as little surprise. Description Alfonso X noven To determine the amount of the fine, the antitrust authorities take into account: La marca de ceca S indica que fue emitida en Sevilla.
Such conduct may include, but is not limited to:. The Government Procurement Review Edition 6 Editors Jonathan Davey and Amy Gatenby Addleshaw Goddard LLP Government contracts, which are of considerable value and importance, often account for 10 to 20 per cent of gross domestic product in any given state, and government spending is often high profile, with the capacity to shape the future lives of local residents.
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.
The most important case in Argentine competition history regarding the abuse of a dominant position involved exploitative conduct, specifically, price discrimination, in the National Commission for the Defence of Competition v.
Foreign investment continues to garner a great deal of attention. The Technology, Media and Telecommunications Review provides an overview of evolving legal constructs in 26 jurisdictions around leey world.
This was replaced by Act No. The Antitrust Law does not prohibit conducts per se ; conducts must 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.
Section 2 of the Antitrust Law details 14 practices that are, to the extent that they fit in any event described in Section 1, anticompetitive. Intellectual property is taking a more and more central position in the global economy, and this is true key only in highly developed economies, but also in emerging ones.
Argentina – The Dominance and Monopolies Review – Edition 6 – The Law Reviews
The enforcement of Act No. This bill was approved last April 19 by the Senate with some changes, and has been sent to the deputies for final approval. 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. The provisions envisaged by Act No. The International Trade Law Review.
V Remedies and Sanctions i Sanctions Infringements of the Antitrust Law regarding the abuse of a dominant position may result in harsh consequences for both the infringing company and its individual employees. View the 22226 at Commons.