Anti Trust & Corporate Law VMF - Vitale, Manoff & Feilbogen
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Anti trust and fair competition laws
 

The enactment of Law 25.156 and its regulatory decrees in September 1999 introduced anti trust rules that did not exist earlier in the decade, when most of the M&A transactions took place in Argentina. The new regulations are applicable to multinational transactions, which now are required to coordinate notice procedures and registration in different jurisdictions, extending notification requirements to the relevant foreign jurisdictions.

The new legislation mainly deals with:

(a) Anti trust: by establishing a system of control of the merger and the acquisition of business organizations, these laws are intended to prevent monopoly practices that restrain free competition or allow abuse from dominant positions.

(b) Unfair competition: by attacking incorrect or irregular trade practices that limit free competition in the market.

The Anti Trust Law provides for its own enforceability by creating the Court of Protection of Fair Market Competition.

The Court of Protection of Fair Market Competition investigates the planned transactions. The course of this investigation should be closely followed, furnishing all the documents and information needed in order to obtain the Court’s final approval. This task involves a careful analysis of the markets involved in the transactions, since the interested parties will have to defend and support their positions when confronted to the governing laws.

As a result of these provisions, companies undergoing reorganization processes of merger, acquisition or the like, should receive adequate advice as to the laws applicable to their cases.

Vitale Manoff & Feilbogen offers its clients the advantage that members of the Firm took part in the very making of the Anti Trust Law and cooperated in its implementation. The Firm can thus provide the best possible advice in this field.

 
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VMF - Vitale, Manoff & Feilbogen
Viamonte 1145 piso 10 of. A
(C1053ABW) Buenos Aires
República Argentina
Teléfono:
(5411) 4371-6100
vmf@vmf.com.ar