LEY 25156 PDF

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It should be noted, however, that pursuant to Section 1 of the Act, the law does not forbid conduct that involves parties that do not have sufficient market power to damage potentially or actually the general economic interest. Enterprise and natural persons will be allowed to apply for the leniency programme employees can apply jointly with the enterprise they represent. The Antitrust Act does not contain any statement of cooperation with other jurisdictions regarding international cooperation in cartel cases.

In its analysis, the CNDC highlighted the following, as regards the definition and the characteristics of a cartel: Infringements of the Competition Act 251156 a cartel case may result in harsh consequences both for the infringing company or companies and any employees that took part in the conduct.

The Government Procurement Review. The Oil and Gas Law Review. The Private Competition Enforcement Review. Further, in the past few years, the staff at the Antitrust Commission have received exhaustive training from experts from other agencies.

Finally, any agreements or terms and conditions that infringe the Competition Act might be declared null and void. The Asset Tracing and Recovery Review.

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They will no longer be determined in Argentine pesos but will be determined by the following factors: Both cases were appealed to judicial courts 2556 to the Lej Court of Justice, and the sanctions imposed by the competition authority were confirmed by both. Recently, two relevant cases, which involved claims for damages and were previously sanctioned by the CNDC, were initiated as a consequence of anticompetitive conduct. Partly for this reason, it is difficult for lawyers to summarise the way in which their particular jurisdictions deal with it.

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The law and the named decree were complemented by regulations regarding the procedures established in them.

Section 1 of the Competition Act establishes that acts or behaviours related to the production or trade of goods and services that limit, restrict or distort competition or constitute abuse of a dominant position in a market in a way that may result in potential or actual damage to the general economic interest, 6 are prohibited and shall be sanctioned pursuant to the rules of the law.

Export controls and other trade sanctions. Further, the companies are liable for the acts of their employees even those who are not in a managerial position performed on their behalf, for their benefit or with their assistance. The Real Estate Law Review. 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 let 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.

All cases will be analysed by the rule of reason criteria. The Projects and Construction Review. With regard to collusive practices, there does not need to be a formal and express agreement oey place for the Competition Act to be applicable, only an informal understanding between the parties involved in a cartel case is necessary. 21556 new Competition Act will replace the current one and will introduce significant changes, some of which have already been referred to.

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Ley Nacional de by Lia Murray on Prezi

The enforcement of Act No. The bill has already passed to the Senate, where is expected to be approved in the next few months. It is worth mentioning that one of the objectives of the current president of the CNDC is to state international policies as regards antitrust matters so as to promote transparency and efficiency in the Argentine market.

Further, Section 2 of the Act provides a list of anticompetitive conducts that could be considered unlawful by the Argentine antitrust authorities. The decisions of the Secretariat may be appealed by parties to the judicial courts. He has also released the results of internal audits regarding anticompetitive conduct including but not limited to cartel cases.

As has already been stated, a proposed amendment to the antitrust law was submitted to Congress and approved 255156 the House of Representatives on 22 November The International Trade Law 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 Life Sciences Law Review. The Virtual Currency Regulation Review. Nonetheless, the CNDC has stated, in one ,ey its last precedents, 8 that the following are the principal characteristics of collusive practices: Under the new Competition Act, fines will be increased.

As part of an inspection, the authorities may review emails, diaries and documentation that they understand could have information or constitute evidence regarding the cartel case.