The Dominance and Monopolies Review, Sixth Edition – ARGENTINA
THE DOMINANCE AND MONOPOLIES REVIEW, SIXTH EDITION – CHAPTER 1 by Camila Corvalán.
INTRODUCTION
Antitrust lagislation began in Argentina with the enforcement of Act No. 11,120, which was inspired by the provisions of the United States Antitrust Law. This was replaced by Act No. 12,906, which was itself replaced by Act No. 22,262 in 1980. The enforcement of Act No. 22,262 led to the stablishment of the first antitrust agency of Argentina, the National Commision for the Defence of Competition (CNDC).
The provisions envisaged by Act No. 22,262 were mostly focused on the analysis of anticompetitive conduct; in this law, some anticompetitive conducts could be sanctioned with imprisinment and there was no mergers and acquisition control. Finally, on 25 August 1999, Act No. 22,262 was abrogated and a new antitrust regulation was enacted: Act No. 25,156 (Antitrust Law).
The Antitrust Law was complemented by Decree No. 89/2011, which was later amended by Decree No. 396/2001. The Antitrust Law and the Decrees were complemented by regulations regarding the procedures established by them. Some sections of the Antitrust Law were modified in September 2014 with the sanction of Act No. 26,993. The new regulation abrogated imprisonment and established a mergers and acquisitions control procedure. Further, the Constitution of Argentina promotes effective competition between markets in Argentina.
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