Competition Law at Argentina
Argentina's competition law is governed by Law No. 27,442, known as the Competition Defense Law (LDC), enacted in 2018. This legislation established the National Commission for the Defence of Competition (CNDC) as the primary regulatory authority overseeing antitrust matters. The CNDC operates under the Ministry of Productive Development and is responsible for enforcing competition laws, including investigating anti-competitive practices, reviewing mergers and acquisitions, and promoting market transparency
⚖️ Key Features of Argentina's Competition Law
1. Merger Control and Economic Concentrations
The LDC introduced a comprehensive framework for evaluating mergers and acquisitions. In 2023, Argentina implemented a new regulation for merger notifications, which includes
A pre-notification phase allowing companies to consult with the CNDC before formal submission
A fast-track mechanism for straightforward cases.
Stricter penalties for submitting incomplete or misleading information.
The possibility for parties to present a draft resolution for the CNDC's consideration.
For instance, in March 2025, the CNDC recommended suspending Telecom Argentina's $1.245 billion acquisition of Telefónica's local unit due to concerns over excessive market concentration, with potential market shares reaching up to 80% in certain sectors.
2. Leniency Program
Argentina's leniency program, established by Resolution No. 98/2024, encourages companies to report cartel activities by offering reduced penalties. The program includes:
Confidentiality assurances for whistleblowers.
A dedicated Leniency Unit within the CNDC to handle applications
3. Market Studies
The CNDC conducts market studies to assess competitive conditions in various sectors. These studies aim to identify anti-competitive practices and inform regulatory decisions. The CNDC has published guidelines outlining the procedures for conducting these studies
4. Anti-Competitive Practices
The LDC prohibits
Cartels: Agreements or coordinated actions between competitors to fix prices, allocate markets, or restrict production.
Abuse of Dominant Position: Conduct by a company with significant market power that harms competition or consumers.
In 2024, the CNDC charged several prepaid medicine companies for alleged cartelization, including coordinated price increases and information sharing.
As of April 2025, Argentina initiated the process to establish the National Competition Authority (ANC), an independent body envisioned by the 2018 reform. The government has approved regulations for appointing senior officials to the ANC, aiming to enhance the institutional framework for competition enforcement.
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