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

Under Section 7 of the Competition Act, certain transactions are deemed to be economic concentrations when they result in control being taken by means of: (a) merger; (b) transfer of businesses; (c) acquisition of shares; (d) acquisition of certain assets; and (e) acquisition of shares where it grants the buyer a decisive influence over the commercial strategy of the target. …

Concept of concentration 

Merger control has been introduced in Argentina by the 1999 Competition Act. Considering that the system was inefficient, with very long delays from notification and very low filing thresholds, the new President of the Antitrust Commission, appointed after the 2015 elections, advocated amendments to the Competition Act, which are now enshrined in the 9 May 2018 Competition Act No 27.442. The latter is complemented by Decree No 480/2018. The new Act provides for a shortening of the deadlines for merger clearance by establishing fast-track procedures for transactions not giving rise to competition concerns and the setting of a pre-merger notification system with significanltly increased merger notification thresholds. 

It should be noted that the legislation passed in 2018 has not yet been implemented due to political instability. 

Context

Under Section 7 of the Competition Act, certain transactions are deemed to be economic concentrations when they result in control being taken by means of: (a) merger; (b) transfer of businesses; (c) acquisition of shares; (d) acquisition of certain assets; and (e) acquisition of shares where it grants the buyer a decisive influence over the commercial strategy of the target.

The 2018 Competition Act significantly raised the notification thresholds. Under Section 9, transactions must be notified to the Competition Court where the total turnover in Argentina of the participating firms exceeds 100,000,000 mobile units (i.e. AR$ 50 billion or US$ 61 million).

Even when the above-mentioned threshold is met, undertakings are exempted from the obligation to notify the concentration where they conduct economic activities outside Argentina and said activities have no effects in the Argentinian market. Another exemption is justified when the amount of the transaction or the assets acquired do not exceed 20 million mobile units (i.e. AR$ 10 billion or US$ 12 million), unless there has been more than one acquisition in the same market in the preceding 12 months and their total value exceeds that amount, or the value of the total of such acquisitions in the preceding 36 months exceeds 60 million mobile units (i.e. AR$ 30 billion or US$ 37 million). 

Resolution No 48/2024 of the Secretariat of Trade set the value of the Mobile Units at AR$ 506.19 as of 25 January 2024.

Thresholds

Following Section 8, concentrations are prohibited if their purpose or effect is to restrain competition resulting in damage to the general economic interest.

Global Competition Law

780. Concept of concentration

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Les notions juridiques connexes

780. Concept of concentration

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