09/10/2015 - Por Liefeldt, Luciana
The Department of Commerce (Secretaría de Comercio) issued Regulation Nº 359/2015 which delimits the powers of the Argentine Antitrust Commission (“CNDC”) as technical advisor of the Department of Commerce regarding the enforcement of the Antirust Act Nº 25,156 (“LDC”). The Regulation shall be in force until December 9, 2015.
The CNDC´s powers were modified after the enactment of Act Nº 26,993 which modified LDC. Before that Act, as the Antitrust Court was never constituted, the CNDC and the Department of Commerce conducted the investigations and issued the decisions provided in the LDC, respectively.
Pursuant to the administrative reorganization provided for in this new Regulation, the CNDC will be empowered to conduct the investigation of both new and already initiated cases under the LDC (that includes: process cases regarding antitrust practices and economic concentrations, issue subpoenas and request police assistance through the Department of Commerce, issue simple resolutions, request information, request and perform expert’s reports and audits, accept or refuse evidence and produce evidence).
The Department of Commerce will issue the decisions applying the LDC prior non-binding recommendation by the CNDC.