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The Foreign Investment Regulation Review. The current authorities support the application and enforcement of leniency programmes, and emphasise that this kind of programme helps to encourage efficiency and transparency among markets and competition. The bill has passed to the Senate, where is expected to be approved in the next few months.
Partly for this reason, it is difficult for lawyers to summarise the way in which their particular jurisdictions deal with it. In the case of a relapse into the unlawful activity, the fine could be doubled. He stated that conduct cases initiated with an aim other than the protection of market competition will be dismissed and closed.
The Government Procurement Review. The Life Sciences Law Review. For the purpose of this law, in order to determine the real nature of the acts, conducts or agreements, the authorities will take into account situations and economic relations that are actually carried out, pursued or established. Ly decision will be binding on the civil judge and the case will be heard under expedient procedural rules and special treatments for parties that 2556 from leniency will apply.
The Sports Law Review. Arenera Argentina and others in lfy As regards anticompetitive practices the new Competition Act will:. The Aviation Law Review. All cases will be analysed by the rule of reason criteria. The Real Estate Law Review.
The proposed amendment, among other things, suggests the establishment and application of leniency programmes in Argentina. This case was initiated as a consequence of an investigation held by the Antitrust Commission — in early — that was focused on credit cards lsy electronic payment methods.
Both cases were appealed to judicial courts and to the Supreme Court of Justice, and the sanctions imposed by the competition authority were confirmed by both.
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The Dominance and Monopolies Review. As a second step, the CNDC called the representatives of the companies and of the hospitals to attend hearings.
Nonetheless, the CNDC has stated, in one of its last precedents, 8 that the following are the principal characteristics of collusive practices: Once the bill is 251556, the Argentine Executive power will need to regulate the new law in the next 60 business days; see Section IV for further details regarding the amendment.
The hearings are usually held in the antitrust commission offices and officiated by the lawyers and economists who are in charge of the case. The Virtual Currency Regulation Review. Without prejudice to other penalties that may relate to the 251156, when verified acts that constitute a cartel case, or where it is noted that a monopolistic or oligopolistic position in violation of the provisions of the Competition Act has been acquired or consolidated, the authority, currently the Secretariat, may enforce conditions that have the aim of lye the distortional effects that the activity has had on competition, or appeal to a judge to have the offending companies dissolved, liquidated, decentralised or divided.
Business-focused legal analysis and insight in the most significant jurisdictions worldwide Interested in contributing? Mr Greco acknowledged that the antitrust authorities, in past years, have failed to comply with the terms established in the Competition Act as regards conduct cases.
The antitrust authorities started the investigation by requesting information from the hospitals and subsequently asked for a judicial order to review the companies in situ and to take any information that they deemed necessary ,ey proceed with the cartel investigation.
Further, all types of conducts will be eligible for leniency but they must be collusive. Further, the CNDC has concluded — after several cartel investigations — that there are some factors that facilitate leg, namely buyer power, product homogeneity, symmetry, oligopolistic markets and multimarket contacts.
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Specifically, Section 3 of the Competition Act establishes that:. Recently, two relevant cases, which involved claims for damages and were previously sanctioned by the CNDC, were initiated as a consequence of anticompetitive conduct. It is important pey state that there is no definition of a cartel or its equivalent in the Competition Act.
The 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.