Argentina (1980)

From AntitrustWorldWiki
Revision as of 14:54, 15 July 2008 by KNovak (Talk | contribs)

Jump to: navigation, search

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

  1. 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.
  2. This law was not actively enforced until the 1990's (1997 OECD report at page 2)
  3. 1997 OECD report at page 2
  4. 1997 OECD report at page 6
  5. http://www.iflr.com/?ISS=11977&PUBID=33&Page=10&SID=508950&SM=&SearchStr=; 1998 OECD report at page 19
  6. 1998 OECD at page 2
  7. 1998 OECD report at page 2
  8. 1998 OECD report at page 2
  9. 1998 OECD report at page 2