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

Although the 1999 Competition Act formally provided for an ex ante control system, merger control in Argentina was in practice carried out ex post. The 2018 Act reestablishes a genuine ex ante control, pointing out the mandatory requirement of notification and its suspensory effect (Section 9).
The implementation of the suspensive merger control regime, which is one of the most important changes p …

Merger notification

Although the 1999 Competition Act formally provided for an ex ante control system, merger control in Argentina was in practice carried out ex post. The 2018 Act reestablishes a genuine ex ante control, pointing out the mandatory requirement of notification and its suspensory effect (Section 9).

The implementation of the suspensive merger control regime, which is one of the most important changes proposed by the 2018 Act, is pending. It will come into force one year after incorporation of the new Argentinian National Competition Authority (ANAC), which has not been incorporated yet. 

In May 2023, the Competition Authority issued new Merger Control Procedure Regulations, which implemented, inter alia, a fast-track procedure. On 28 August 2023, the Argentinian Competition Authority established the criteria for mergers to be filed under the fast-track procedure.

Since Act No. 27.422 of 2018, within 45 days of the complete and correct submission of the required information, the Competition Court must either:

Where the Competition Court deems that the notified operation may restrict or distort competition and be detrimental to the general economic interest, prior to making a decision it will communicate to the parties its objections by means of a grounded report and will invite them to a special hearing to consider possible measures to mitigate the negative effect on competition. The report will at the same time be made available to the public. In that case, the time-limits may be extended by up to 120 additional days for the issuance of the resolution, by means of a reasoned opinion.

A fast-track proceeding has also been established for mergers which, in the opinion of the Competition Court, are deemed to be less likely to restrict or distort competition.

Global Competition Law

784. Merger notification

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Les notions juridiques connexes

784. Merger notification

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