22/04/2019 - Por Damián Navarro / Lisandro Frene / Pilar Olaso / María Guadalupe Pozzi Santamarina
Today, April 22 2019, Argentina’s National Executive Branch issued Decree 274/2019 (the “Decree”) which creates a new Fair Trade legal regime, repealing Act 22,802 and incorporating several legal topics (i.e. unfair competition, comparative advertising, sweepstakes, trade secrets, registered designation of origin, mandatory commercial information and labeling, etc.).
The Decree shall be applicable also to entities outside Argentina, if their activities can cause an effect on the Argentine market. The Decree is ‘public order’ law, which means the parties cannot waive its applicability.
Furthermore, the Decree establishes an administrative proceeding in order to impose preliminary measures, fines and their remedies, pursuant to which the Decree’s enforcement authority at Federal level (the Domestic Production and Labour Federal Ministry, “Secretaría de Comercio Interior del Ministerio de Producción y Trabajo”) has broad powers and rights. Without prejudice of the provincial authorities, the aforementioned Federal enforcement authority has concurrent jurisdiction with provincial Governments to control and eventually impose fines to any infringement to the Decree, even if it is performed at a local (Provincial) level.