APRIL 29, 2019

Competition & Antitrust Department: Mobile Unit – update



Competition & Antitrust Department Report: Mobile Unit – update

Dear Sir or Madam,

On April 25th, 2019, Resolution No. 145/2019 of the Secretariat of Commerce (the “Resolution”) was published in the Official Gazette in Argentina. The Resolution updated the value of the Mobile Unit[1] for 2019 to AR$26.40.

The Mobile Unit is used as a reference unit in the Argentine Antitrust Act No. 27,442 (“AAA”) and in the new Need and Urgency Decree No. 274/2019 that passed a new Fair-Trade Act.

The update of the value of the Mobile Unit has the following impact on the above-mentioned regulations:

1. Antitrust

• Increase of thresholds that trigger merger control: (a) the argentine turnover of the acquiring group plus the argentine turnover of the target during the previous fiscal year must be now equal to – or more than- AR$2,640,000,000[2]; AND (b) the price of the transaction OR the value of the argentine assets acquired must be now equal to -or more than- AR$528,000,000[3] or AR$1,584,000,000[4] in the last 36 months in the same markets.
• The upper limit for the penalty for infringements to the AAA that the authority is entitled to set when none of the other estimation methods provided in the AAA are applicable is now AR$5,280,000,000[5].
• Increase to AR$19,800,000 the upper limit of the daily fine[6] for late filing and for breaching an order of cessation of an anticompetitive behavior or a behavioral commitment that the authority is entitled to set when none of the other estimation methods provided in the AAA are applicable.
• Increase to AR$13,200 the daily fine[7] for obstructing or hindering any investigation or failing to comply with the requirements of the antitrust authority in the time and manner required.
• Increase to AR$26,400 the maximum amount for the filing fee[8] that may be required by the Antitrust authority in the filing for merger control proceedings.

2. Fair trade

• Raises the maximum amount of the penalty of a fine to AR$264 million[9].

[1] The value of the Mobile Unit shall be updated on a yearly basis considering the variation of the Consumer Price Index.
[2] 100 million Mobile Units.
[3] 20 million Mobile Units.
[4] 60 million Mobile Units.
[5] 200 million Mobile Units.
[6] 750,000 Mobile Units.
[7] 500 Mobile Units.
[8] As of today the antitrust authority has not set any filing fee.
[9] 10 million Mobile Units.

Should you require any further information on this matter, please do not hesitate to contact us.


Agustín Waisman
Mercedes Pando
Tomás López Bisso