Global Competition Law is primarly a practitioner's guide presenting the most salient aspects of the major competition laws country by country, giving an overview of their structure and most charasteristic elements.
Global Competition Law also provides insight into possible future developments in the field.

Global Competition Law

Private enforcement actions for damages are available for violations of the Competition Act. According to Section 62, entities which have suffered harm because of an action prohibited by the Act are entitled to seek relief before civil courts. Since the 2018 Act, the Competition Court decision suffices to establish the breach and the claim will be heard in summary proceedings (Section 63).
Class a …

Enforcement by ordinary courts 

The Competition Act sets out that the Secretariat in charge of the investigation of anticompetitive behavior  initiates its investigations either on its own motion or after a claim is filed by a party (Section 34). In the latter case, the claim must contain the name and domicile of the claimant, the purpose of the claim, the facts on which the claim is based, and the legal provisions on which the claim is based and the evidence supporting the claim (Section 37). If the Secretariat decides to investigate a claim, it provides notice to the accused party, who then has fifteen days to respond to the allegations. After receiving the response, the Secretariat must decide either to continue the investigation or to dismiss the claim.

On 7 July 2023, the Secretariat of Trade issued Resolution No. 1046/2023, which digitalizes the proceedings.

Complaints and investigations

If, following the opinion of the Secretariat, the Competition Court decides to continue the proceedings, it notifies the defendant to appear and provides any relevant evidence within 15 days of the notification. After the administrative procedure (which cannot last more than 90 days), the parties have 6 days to argue against the evidence produced. The final decision is made by the Competition Court within the following 60 days (Section 43).

The infringing undertaking may offer commitments up to the final decision which, if accepted by the Competition Court, put an end to the proceedings (Section 45).

Proceedings before the Competition Court

Under Section 44 of the Act, the Competition Court may, at any stage of the proceedings, impose the enforcement of conditions or order the parties to terminate or to refrain from engaging in anticompetitive conduct. Where an irreparable harm may be caused to competition, the Competition Court may adopt the most suitable remedies to prevent such harm. Appeal may be brought against the Competition Court orders pursuant to Section 66 of the Act.

Interim relief 

Private enforcement actions for damages are available for violations of the Competition Act. According to Section 62, entities which have suffered harm because of an action prohibited by the Act are entitled to seek relief before civil courts. Since the 2018 Act, the Competition Court decision suffices to establish the breach and the claim will be heard in summary proceedings (Section 63).

Class action suits are permitted under Section 43 of the Argentine Constitution.

Global Competition Law

774. Enforcement by ordinary courts

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Les notions juridiques connexes

774. Enforcement by ordinary courts

Demandez un accès gratuit au contenu exclusif Livv – juristes d’entreprise

Les notions juridiques connexes

Demandez un accès gratuit
au contenu exclusif Livv – juristes d’entreprise