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The Virtual Currency Regulation Review. Ely antitrust authorities will consider cartel cases using the economic reality principle, by which they will take into consideration the true nature of the conduct regardless of its manifestation. Cartels are considered by the Argentine antitrust authorities as well as by antitrust authorities worldwide as serious infringements of the Competition Act because, as previously stated, they constitute one of the practices that are the most severely punished by 2556 antitrust authorities.
Argentina – The Cartels and Leniency Review – Edition 6 – The Law Reviews
In Argentina, all cases are analysed by leu rule of reason criteria on a case-by-case basis. The International Trade Law Review. Export controls and other trade sanctions.
The Class Actions Law Review Edition 2 Editor Richard 2156 Slaughter and May Class actions and major group litigation can be a seismic event not only for large commercial entities but for whole industries. In the case of a relapse into the unlawful activity, the fine could be doubled.
The most valuable evidence used by the antitrust authorities to sanction the companies was email exchanges between representatives of the companies. As mentioned in Section I, the Competition Act establishes in Section 1 that acts or behaviours related to the production or trade of goods and services that limit, restrict or distort competition or constitute an abuse of a dominant position in a market in a way that may result in a potential or actual damage to the general economic interest, 9 are prohibited and shall be sanctioned pursuant to the rules of the law.
Enterprise and natural persons will be allowed to apply for the leniency programme employees can apply jointly lfy the enterprise they represent.
Arenera Argentina and others in It presents the views and observations of leading anti-corruption practitioners in jurisdictions spanning every region of the globe, including new chapters covering Canada, Israel and Korea. Editor Mark F Mendelsohn. One 2156 the key provisions of the Competition Act is the merger and acquisitions control procedure.
As regards enforcement of the Competition Act, a cartel must be proven to have an effect on the Argentine market. As a second step, the CNDC called the representatives of the companies and of the hospitals to attend hearings.
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With regard to collusive practices, there does not need to be a formal and express agreement in place for the Competition Act to be applicable, only an informal understanding between the parties involved in a 52156 case is necessary. Anti-corruption enforcement continues to be an increasingly global endeavour and this seventh edition of The Anti-Bribery and Anti-Corruption Review is no exception. The Franchise Law Review.
Nonetheless, the CNDC has stated, in one of its last precedents, 8 that the following are the principal characteristics of collusive practices: In practice, the antitrust authorities request, in the first instance, either the parties involved or third parties that may have knowledge or information regarding the collusion to provide documents or information they deem necessary to pursue lsy investigation.
This guide contains contributions from eminent practitioners the world over, who have, on the basis of their experience, set out what they regard as critical within their own jurisdictions.
The Employment Law Review. The conclusion of this investigation was that there was a lack of competition and transparency in the market. The Foreign Investment Regulation Review.
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The fines imposed amounted to 10 million Argentine pesos for each company andArgentine pesos for the representatives. In the history of Argentine antitrust cartel investigations there are two huge cases regarding the following markets: The Public Competition Enforcement Review. The leniency programme proposed in the bill will grant: This Act was replaced by Act No.
Infringements of the Competition Act regarding a cartel case may result in harsh consequences both for the infringing company or companies and any employees that took ,ey in the conduct. It will be interesting to see how courts and companies navigate the differing and evolving legal regimes in the year ahead.
Lej, it is important to highlight that the Competition Act has adopted the effects doctrine, which implies, in practice, that any act or conduct performed, or any agreement signed abroad, that has an effect in Argentine territory could be challenged by the antitrust authorities.
To be considered a cartel case, the conduct must also comply with the description that is given in Section 1 of the Act.