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The Real Estate Law Review.
Some of the sources of their laws will be domestic and will have evolved over time. Class actions and major group litigation can be a seismic event not only for large commercial entities but for whole industries.
But these difficulties aside, the problems that fraud generates pose unique challenges for the legal system of lej country. The current authorities support the application and enforcement of leniency programmes, and emphasise that leey kind of programme helps to encourage efficiency and transparency among markets and competition.
ley 25156 comentada pdf files
The hearings are usually held in the antitrust commission offices and officiated by the lawyers and economists who are in charge of the case. The Acquisition and Leveraged Finance Review. The settlement proposal submitted by Prisma consisted of a structural and a behavioural remedy. Once the bill is approved, the Argentine Executive power will need to regulate the new law in the next 60 business days; see Section IV for further details ,ey the amendment. That decision will be binding on the civil judge and the case will be heard under expedient procedural rules and special treatments for parties that benefited from leniency will apply.
In its analysis, the CNDC highlighted the following, as regards the definition and the characteristics of a cartel: As has already been stated, the bill has already passed to the Senate, where it is expected to be approved in the next few months. This new Competition Act will replace the current one and will introduce significant changes, some of which have already been referred to.
Currently, the authority that enforces the Competition Act and its complementary regulations oey the Secretariat of Trade the Secretariatled by Mr Miguel Braun, which formally depends on the Ministry of Production, led by Mr Francisco Cabrera, and is assisted in this matter by the CNDC 4 principally formed of economists and lawyers.
There are no exceptions expressly included in the Competition Act regarding cartel cases.
Ley de Defensa de la Competencia | El Cronista
Explore our content Close. The Public Competition Enforcement Review.
This notwithstanding, informal international cooperation could be expected on cross-border cartel cases. He stated that conduct cases initiated with an aim other than the protection of market competition will be dismissed and closed.
The logic behind the pecuniary fine is that the imposition and the amount of the lry act as disincentives for those considering engaging in anticompetitive conduct. The agencies responsible for enforcing prohibitions on anticompetitive conduct are the CNDC and the Secretariat collectively, the antitrust authorities.
Business-focused legal analysis and insight in the most significant jurisdictions worldwide Interested in contributing? The Antitrust Act was complemented by Decree No. The parties in a case should file the claim once the administrative decision imposing a sanction is final.
The International Trade Law Review. Notwithstanding the above, the leader of the collusive conduct cannot apply for leniency. The Oil and Gas Law Review. A proposed amendment to the antitrust law was submitted to Congress and approved by the Argentina House of Representatives on 22 November The Private Competition Enforcement Review. The Government Procurement Review.
The Class Actions Law Review Edition 2 Editor Richard Swallow Slaughter and May Class actions lry major group litigation can be a seismic event not only for large commercial entities but for whole industries. Enterprise and natural persons will be allowed to apply for the leniency programme employees can apply jointly with the enterprise they ly. In addition, the antitrust authorities usually review all communications made by associated competitors.
In addition to all the sanctions described above, the individuals or legal entities who are injured by the acts and behaviours forbidden by the Competition Ly may sue for damages in a court of competent jurisdiction in accordance with the laws of Argentina.
With regard to current developments in anticompetitive cases, in Septemberthe current Antitrust Commission served notice to Prisma Medios de Pago SA Prisma and its 14 shareholder banks of an investigation by means of which it set out three main anticompetitive conducts. In particular, Section 2, subsections c to h of the 251556 Act provide for different types of anticompetitive conduct that can be interpreted by the antitrust authorities as a cartel case.
The most valuable evidence used by the antitrust authorities to sanction the companies was email exchanges between representatives of the companies.
The Antitrust Act does not contain any statement of cooperation with other jurisdictions regarding 2556 cooperation in cartel cases.
Others will be recent international conventions, where regard must be had to the decisions of other jurisdictions.