Main developments in Competition Law and Policy by 2024 – Argentina

General considerations

Competition law in Argentina started 2024 in full speed with the full replacement of all the authorities after a new government took place in December 2023, and with the bill sent to Congress aiming to make significant changes to the existing legal framework.

In January 2024, the Argentine government appointed the President and three commissioners of the Comision Nacional de Defensa de la Competencia (“CNDC” or, “Antitrust Authority” when together with the Secretary of Industry and Trade). The Argentine government appointed the President and three commissioners of the Comision Nacional de Defensa de la Competencia (“CNDC” or, “Antitrust Authority” when together with the Secretary In April 2024 the last commissioner

was appointed. For the first time in Argentine antitrust history, all of the selected commissioners have previously worked at the CNDC before their designations.Also in January 2024, the new Argentine President sent a bill to Congress proposing a wide range of legal changes, including the adoption of a new antitrust law (see p. 233 of Ley Bases). The bill included, among other things: (i), a significant increase in the notification thresholds for economic concentrations (see Art. 9 of Ley Bases); (ii), the adoption of a suspens 2, sub. (2.4) of Ley Bases). The bill was later withdrawn by the government.In March 2024, the Antitrust Authority submitted for public consultation a draft regulation

for the implementation of the Leniency Program established in the Antitrust Law and its implementing regulatory Decree No. 480/2018, which was finally approved in May 2024 (see here).In December 2024, a new Secretary of Industry and Trade

was appointed.During 2024, the Antitrust Authority has also participated more actively in the international fora than in recent years, thus enhancing the possibilities of cooperation with other jurisdictions.

Merger control

In March 2024, the Antitrust Authority

imposed an ARS 5.7 million (approximately USD 5 million at the time of the resolution) late filing fine to Ulands S.A., a company indirectly controlled by Unilever PLC, for failing to notify the acquisition of a parcel of land in the province of Santa Fe (see here[1]). Ulands S.A. notified its transaction to the Antitrust Authority 8 days late. They argued that the transaction did NOT constitute an acquisition of controlling interest under the terms of Argentinean Competition Law No. The Antitrust Authority, however, interpreted that, as Ulands’ corporate purposes are to engage in real estate and the exploitation rural, livestock, and agricultural establishments (see p. 9, paragraph 15 of Resolution 99) 15 of Resolution 99[2]).In April 2024, the Antitrust Authority approved the acquisition by Roberto Salinas e Hijos S.A., also known as Cascia Gases, of certain assets divested because of the merger between Linde and Praxair

, two of the main suppliers of medical and industrial gases at national and global level. The divestment was ordered by the Antitrust Authority in 2023 (see here).In September 2024, the Antitrust Authority conditioned the creation of Ingrear, a joint venture between Arcor and Ingredion, to the fulfillment of structural and behavioral remedies, as the transaction was considered to cause harmful and anticompetitive effects in the corn wet milling market and the marketing of the products derived from this industrial process (see here

).In October 2024, the Antitrust Authority conditioned the approval of the Avon-Natura transaction

to the fulfillment of a commitment offered by the parties, consisting of a series of behavioral measures to mitigate potential competition risks in the color cosmetics and the mass fragrances markets.In 2024, the Antitrust Authority issued 89 merger control decisions.

Enforcement of anti-competitive conducts

The Competition Authority has been more active in cartel cases than in 2023 and has taken the decision to give impulse to the leniency programme established with the Argentine Antitrust Law approved in 2018.

In April 2024, in the framework of an investigation for a potential cartelization in the health insurance market due to a coordinated increase in the prices of health insurance plans, the Antitrust Authority issued an injunction against some health insurances companies which represented 75% of the market (see here

). The injunction limits the fees charged by health insurance companies and orders them to cease all information exchange and submit information to Antitrust Authority about prices, revenues, and the number of members of each health plan. In December 2024, the Antitrust Authority formally charged the health insurance companies and its confederation of the alleged collusion.In May 2024, the Antitrust Authority conducted a market investigation in the disposable diapers and tissue paper markets due to potential competition concerns. The Antitrust Authority concluded that the tissue paper market is moderately concentrated, while the disposable diapers market is highly concentrated, but both levels of concentration decreased towards the end of the period under investigation.

Also in May 2024, The Secretary of Industry and Trade approved by means of Resolution No. The Secretary of Industry and Trade approved Resolution No. 98/2024 in May 2024 the regulations and procedures for the implementation the leniency programs established by the Antitrust Law, and its implementing regulatory Decree No. 480/2018 (“Leniency Program Regulations“). The main items introduced by the Leniency Program Regulations include the steps, procedure and requirements to apply for leniency, which provides the exemption or reduction of fines and penalties for those who recognize and collaborate in the investigation of practices categorized as “absolutely restrictive of competition” under Section 2 of the Antitrust Law.

Regarding unilateral cases, in May 2024, the Antitrust Authority imposed an injunction against TyC Sports’ controlling company, Tele Red Imagen S.A., in the framework of a complaint from the Argentine Chamber of Internet for an alleged refusal to deal conduct, regarding the sports signal TyC Sports and the sports events it exclusively broadcasts (see here). The measure ordered Tele Red Imagen S.A. to cease this conduct and to offer the signal under fair commercial, economic and content market conditions (see p. 3 of Resolution 89[3]

).In September 2024, Federal Civil and Commercial Court dismissed an appeal filed by Visa against an injunction issued by the Antitrust Authority in November 2023, in an alleged dominant position case regarding payment facilitators’ involvement in cross-border transactions.

In November 2024, the Antitrust Authority sanctioned the Asociacion Austral de Anestesia, Analgesia y Reanimacion (the Austral Association of Anaesthesia, Analgesia and Reanimation, i.e., “Association”) for exclusionary abuse of dominant position in the anaesthesia, analgesia and reanimation services market in the province of Chubut. The Association had an exclusionary clause in their bylaws that prevented health fund administrators from contracting with anaesthesia professionals that are members of the Association. The sanction imposed by the Antitrust Authority consists of ARS 73 million fine and an order for the Association to remove the exclusionary clause from its bylaws and to refrain from requiring its professionals to inform any independent agreements they may enter with health fund administrators (see pp 6-7 of Resolution 407

).There were no known resale price maintenance cases finished by the Antitrust Authority in 2024.

Outlook for 2025

After a first year of transition, the CNDC is expected to reach full gear in 2025. The CNDC President announced a number of goals, including the decision to proceed with the establishment of an independent authority that was created as part of the 2018 reform, but never constituted. He also announced guidelines for leniency applicants, and Accordingly, the Antitrust Law No. The Secretariat of Trade is the transitory application authority, and it decides based upon the non-binding opinions of the National Commission for the Defense of Competition. In this way, any reference to the Antitrust Authority refers to the Secretariat of Trade as well as the National Commission for the Defense of Competition (CNDC). B.O. No. 27,442, 15 May 2018, B.O. 33870 (Arg.) (Ley de Defensa de la Competencia).

Art. Art. 27,442, B.O. 33870 (May 15, 2018).

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