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

The 2018 Competition Act introduced a leniency program into Argentinean competition law (New Chapter VIII of the Antitrust Law No 27,442).
Full immunity is available to the first undertaking to come forward and revealing its participation in a cartel and providing evidence thereof. The undertaking must immediately put an end to its involvement in the infringing behavior, fully cooperate with the C …

Leniency

The Competition Court may impose an order to cease and desist from the anticompetitive conduct (Section 55(a)) or, in the event of abuse of dominant position, request for the issuance of a court order to divest assets or dissolve the company (Section 55(c)).

Cease and desist orders 

In order to boost the deterrent effect of the fine, Section 55 of the 2018 Act now provides that the Competition Court may impose a fine of either i) up to 30% of the volume of trade related to the products or services involved in the infringement multiplied by the number of years of duration of the infringement with a ceiling of 30% of the consolidated national volume of trade of the group to which the infringing parties belong; or ii) up to the double of the benefit obtained from the infringement. Of these two methods, the Competition Court must choose that which leads to the higher fine. Where it is not possible to determine the fine according to these methods of calculation, the Competition Court will impose a fine of up to 200 million mobile units, each of which amounts to AR$ 20 (i.e. US$ 53,5 million).

Fines 

The 2018 Competition Act introduced a leniency program into Argentinean competition law (New Chapter VIII of the Antitrust Law No 27,442).

Full immunity is available to the first undertaking to come forward and revealing its participation in a cartel and providing evidence thereof. The undertaking must immediately put an end to its involvement in the infringing behavior, fully cooperate with the Competition Court, not have destroyed evidence, not disclose to the other cartel members its intention to apply for leniency. A 50% to 20% reduction of the maximum fine is available for the second undertaking that comes forward. A leniency+ system is also available, whereby a person which was not the first to come forward may benefit from a 30% reduction of the fine where it discloses the existence of another cartel the Competition Court is unaware of.

Competition law legislation changes frequently with successive governments. Given this instability, it is possible that the leniency program will be repealed in the coming years. 

In May 2024, the Argentine Secretariat of Industry and Commerce adopted Resolution No. 98/2024, introducing a comprehensive regulatory framework for the leniency programme established under chapter VIII of the Antitrust Law. This measure provides long-anticipated procedural clarity by formalizing the application process, evidentiary standards, and cooperation obligations for undertakings and individuals seeking immunity or fine reductions in cartel cases.

Specifically, the resolution implements the leniency provisions contained in Sections 60 and 61 of the Law, in conjunction with Regulatory Decree No. 480/2018. It creates a dedicated Leniency Unit within the National Commission for the Defense of Competition (CNDC), establishes a structured marker system for prioritizing applications, and outlines the steps leading to both conditional and definitive leniency grants. The program applies to both individuals and legal entities involved in anticompetitive agreements, such as price-fixing, market division, or bid-rigging, as specified in Section 2 of the Antitrust Law. Applicants must not have been previously notified of an investigation to be eligible. Moreover, applicants can request a “marker” to secure their position in the leniency queue. The marker application requires basic information about the alleged conduct and affected markets. If accepted, the applicant is granted a specific timeframe to submit a full leniency application. Upon satisfactory submission, the CNDC may grant a conditional benefit of exemption or reduction of sanctions, contingent upon the applicant's ongoing cooperation. The final benefit is determined after the investigation concludes, based on the applicant's compliance with cooperation obligations. Both the Leniency Unit and applicants are bound by strict confidentiality regarding the application process and submitted information. Applicants are required to cease participation in the anticompetitive conduct, provide all requested information promptly, and cooperate fully throughout the investigation.

Global Competition Law

777. Leniency

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Les notions juridiques connexes

777. Leniency

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