Argentina (September 16, 1999)
From AntitrustWorldWiki
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
- ↑ 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)
- ↑ http://globalcompetitionreview.com/ara/argentina.cfm
