Competition and antitrust in Argentina

Marval O’Farrell Mairal

Combining a strong antitrust investigation practice with a reputation for merger filings in Argentina, Marval O’Farrell Mairal handles a range of competition matters across Latin America particularly Argentina, Brazil, Chile, Bolivia, Peru and Uruguay. The team assists companies dealing with economic regulations, as well as providing internal compliance advice to a broad spectrum of clients. Competition specialist Miguel Del Pino leads the team and can call on the experienced Santiago del Rio, who also focuses on the competition space, including merger control fillings. Another key name in the area is associate Ignacio Mora, who specialises in competition law and has expertise in Argentina and abroad.

Practice head(s):

Miguel del Pino

Testimonials

‘What I highlight about the team is the speed and quality of the answers they give. They get to know the business internally, and that helps ensure that the answers to our queries are always accurate (avoiding cross-examination). All the lawyers who give us support know the issues of their expertise in a remarkable way.

‘I could say exactly the same, however, I highlight the level of knowledge, commitment and response of Santiago Del Rio.

Key clients

Takeda

Thermo Fisher

Peugeot

AMX

Corporación Mabe

DHL

Volkswagen

General Motors

Coca-Cola FEMSA

Disney

Sumitomo Chemical

American Tower Corporation

Lone Star

Yara Corporation

Compagnie Gervais Danone

Delivery Hero

Siemens Healthineers

KKR

Helios Health (Fresenius)

Work highlights

  • Providing counsel to CCU on its landmark abuse of dominance case against Quilmes.
  • Advising Peugeot on the Argentine aspects of its 50/50 merger with Fiat.
  • Providing counsel to new client Thermo Fisher Scientific on its acquisition of PPD Incorporated.

Allende & Brea

Known for its merger control work with international corporations, Allende & Brea has also participated in key cartel cases in Argentina. The firm’s international presence is boosted by its leadership positions in the Antitrust Committee of the International Bar Association, the Antitrust Section of the American Bar Association and the American Antitrust Institute. Another core segment for the group is vertical restraint and dominance cases, and it also advises on the design of distribution systems to comply with antitrust laws. Leading the team is renowned practitioner Julián Peña, who is an expert on all aspects of competition and antitrust law. Also active in the sector is Federico Rossi, whose experience includes merger control proceedings, cartel investigations, dominance cases and sectoral enquiries.

Practice head(s):

Julián Peña

Testimonials

‘The Firm has fully explained to me the scope of the law and the obligations and rights that it grants. It has helped to identify the issues to be taken into account in order to make an adequate presentation, as well as the risks of not doing so.

‘Julián Peña and Federico Rossi have adequately demonstrated their skills in describing the applicable legal framework, even in matters that go beyond what is specifically legal.

Key clients

Linde

GlaxoSmithKline (GSK)

Syngenta

Novartis

MasterCard

Verallia

Plastic Omnium

Work highlights

  • Assisted Kirkland & Ellis as local counsel in relation to AbbVie’s merger control proceedings before the Argentine Antitrust Authority.
  • Assisted Galaxy and Orocobre with the merger control notification before the Argentine Antitrust Authority.
  • Represented TDR Capital and I Squared Capital in their joint acquisition of Aggreko.

Beccar Varela

The competition and antitrust department at Beccar Varela handles enforcement, merger control, investigations, counselling and compliance. As well as acting in a range of litigation related to cartels and abuse cases, the team has particular expertise in cement and automobile cartels, credit-card investigation abuse cases and matters related to leniency. Agustín Waisman is a go-to name for competition and antitrust, consumer protection and gaming law. He co-leads the team with Augusto Vechio, whose strengths include international trade, World Trade Organization rules, free trade agreements, consumer law and economic regulation. Senior associates Camila Corvalán and Mercedes Pando are also active in the area. Since publication, Corvalán has also been appointed head of the firm's new Public Affairs practice - effective as of November 2022.

Practice head(s):

Agustín Waisman; Augusto Vechio

Key clients

Facebook

Aerolíneas Argentinas

WhatsApp

Samsung

Modo

Banco de Galicia

Boehringer Ingelheim

Kimberly Clarke

Unilever

GlaxoSmithKline

Bomchil

Antitrust expert Marcelo Den Toom leads the competition practice at Bomchil , which is active in key merger-control and anticompetitive cases. The team handles multijurisdictional merger cases, and acts as trusted advisor in sensitive cartel and abuse of dominance investigations; it is also experienced in economic regulation, administrative law and litigation. Particular areas of strength include media and telecommunications, oil and gas, energy, chemicals, retail, financial services and transportation.

Practice head(s):

Marcelo den Toom

Testimonials

‘The Firm is very solid in terms of knowledge. They also have an ability to explain topics that makes them understandable at all levels. It is very good to work as a team with this firm since they allow foreign and local commercials to easily understand the issues.

‘The knowledge of the substantive subject, the language and its facility to communicate the subject at all levels, being able to obtain the expected result. Marcelo den Toom is a highly outstanding professional in all antitrust issues in Argentina.

Key clients

Sodexo

AstraZeneca

Oaktree

Cervecería y Maltería Quilmes

Imagen Satelital

WarnerMedia

Chevron

DirecTV

Corteva

Carrefour

Pepsico

Massalin Particulares (Phillip Morris)

Aeropuertos Argentina 2000

Maersk

Gramercy and Gemcorp

Apollo Global Management

Stine Seeds

Renault

AT&T

Cinemark

Refinor

Work highlights

  • Representing several construction companies in the largest cartel investigation in Argentina to date, a wide-ranging bid rigging investigation initially encompassing public road works in the period 2003-2015 derived from a well-publicised corruption case.
  • Successfully represented Renault in an abuse of dominant position complaint filed against it by the Association of Argentine Autoparts Manufacturers.
  • Representing WarnerMedia in the merger filing related to its $43bn merger with Discovery.

Pérez Alati, Grondona, Benites & Arntsen

Praised for its ‘technical-practical vision with a holistic approach’, Pérez Alati, Grondona, Benites & Arntsen’s antitrust practice covers general advice on competition and antitrust regulations in Argentina, antitrust filings and proceedings with the Argentine antitrust regulators, litigation related to competition and antitrust cases, and investigations related to anti-competitive behaviours. The team represents domestic and international clients in matters arising from the full array of transaction types and across a wide variety of industries. Luis Diego Barry handles competition, antitrust and consumer law, and has notable experience in antitrust, product liability and consumer protection cases. His team includes María Carolina Abdelnabe Vila, who specialises in competition, antitrust, consumer protection, fair trade, data protection law, product liability and legal tech.

Practice head(s):

Luis Diego Barry

Testimonials

‘Technical-practical vision with a holistic approach (not restricted to the specific practice area).’

‘Technical level, speed and clarity applicable to the specific case.’

Key clients

Fiat Chrysler Automobiles

Daimler Truck Holding

CVC Corp

Dow Group

Vinci

Marfrig Group

La Papelera del Plata

Etex Group

Linde

Molinos Agro

Work highlights

  • Advised and continues to advise Fiat Chrysler Automobiles on its merger with Peugeot to create Stellantis, the fourth largest automotive group in the world.
  • Advised and continues to advise Daimler Truck on its acquisition of Mercedes-Benz Servicios, Mercedes-Benz Compañía Financiera Argentina and Mercedes-Benz Broker Argentina.
  • Advised Vinci -a developer of infrastructure works and one of the largest concession operators in the world- on its acquisition of ACS Group’s assets in Argentina.

Baker McKenzie

Baker McKenzie’s work ranges from drafting consistent merger control filings to protecting client’s executives and commercial interests during investigations. The team assists clients with applications across multiple jurisdictions and industries to secure approvals for mergers, acquisitions, joint ventures and other arrangements. Key specialisms for the practice include civil and criminal antitrust litigation, cartel investigations and defence, and advising clients on developing compliant business policies around global antitrust and competition rules. Team leader Esteban Rópolo handles antitrust, foreign trade and general practice matters.

Practice head(s):

Esteban Ropolo

Key clients

Synnex Corporation

Accenture Argentina

Advent International Corporation

Biogen

Colgate-Palmolive Argentina

HP Incorporated, Argentina

Grupo Ibérica de Congelados

Megapharma

Colgate Palmolive Company

Rio Tinto

Ingredion

Work highlights

  • Assisting Synnex Corporation with the antitrust filing for its acquisition of Tech Data.
  • Advising Accenture Argentina on the acquisition of EGLAM, a company that develops solutions for e-commerce pages.
  • Assisting Ingredion Inc with the filing relating to its JV agreement with Arcor.

Bruchou & Funes de Rioja

Experienced in complex merger control reviews and conduct cases, Bruchou & Funes de Rioja’s competition and antitrust practice draws from the firm’s strength in litigation and criminal law to assist in a range of cartel and individual conduct matters. The group handles transactions, joint-ventures and other agreements with an antitrust impact. Advising both local and foreign clients, Gabriel Lozano leads the team and specialises in competition law, particularly merger control and conduct investigations cases.

Practice head(s):

Gabriel Lozano

Key clients

Grupo Werthein

Arcor

Grisú

Vista Oil & Gas Argentina

Cámara de la Industria Aceitera de la República Argentina (CIARA)

José M Alladio e Hijos

Grupo Assa Worldwide

Banco Industrial and Commercial Bank of China (Argentina)

Central Puerto

Work highlights

  • Acted as lead Latin America counsel for Grupo Werthein in relation to the coordination of regulatory and antitrust filings in multiple jurisdictions regarding the acquisition of Vrio Corp from AT&T.
  • Advised Arcor on the creation of a joint venture with Ingredion Inc.
  • Representing ICBC in a class action filed by the Asociación de Defensa del Asegurado (ADACU) requesting that several banks, including ICBC, pay compensation for alleged material and punitive damages.

Mitrani Caballero & Ruiz Moreno Abogados

Known for cross-border experience in competition and antitrust matters, Mitrani Caballero & Ruiz Moreno Abogados assists with merger filings and antitrust proceedings across Latin America, the EU, Canada, China and the US. The firm advises on commercial behaviour and the avoidance of anticompetitive practices, as well as on the establishment of competition compliance programs and internal investigations. Aixa Sureda has expertise in competition and antitrust law conerning both local issues and cross-border transactions. She co-leads the practice with Cristian Mitrani, who provides counselling on competition law infringement cases and internal investigations. Senior associate Evangelina González Soldo is another key name in the team and specialises in M&A, as well as on antitrust and competition.

Practice head(s):

Cristian Mitrani; Aixa Sureda

Key clients

Raízen

Molinos Río de la Plata

Bunge Argentina

Southern Cross Group

LafargeHolcim Group

Tenaris

Nidera (COFCO)

AP Moller – Maersk Group

Hexagon PPM

Libertad

Grupo Cepas

Bogs

Uranium One Holding

Adium Pharma

Asociart

Ball Corporation

Fratelli Branca Destilerías

Work highlights

  • Assisted Nidera with the merger control clearance in Argentina related to Syngenta Crop Protection’s acquisition of Nidera’s seed business.
  • Assistance to Molinos Rio de la Plata on the amendment of its joint venture agreement with Molino Cañuelas – including the suspension of certain non-compete provisions and first refusal rights.
  • Legal assistance to Bunge in a claim filed by Federación de Transportadores Argentinos (FETRA) before the antitrust authority for alleged cartelization between Bunge and 19 other companies in the automotive transport sector across Argentina.

O'Farrell

The multidisciplinary competition practice group at O'Farrell combines expertise in the energy, telecoms, infrastructure, retail, public utility and procurement, entertainment and automotive sectors. The team is particularly active in competition matters related to regulated and complex markets, as well as advising on strategies to challenge regulation and competition matters; it also handles tariff review proceedings. Agustín Siboldi spearheads the practice and specialises in antitrust, energy and natural resources and telecommunications.

Practice head(s):

Agustin Siboldi

Testimonials

‘O’Farrell’s human group, beyond being a great professional team, is of a quality and warmth that is not abundant in the Argentine market.

‘Of those I know the most there, I can mention Agustín Siboldi, for his analytical skills, his knowledge of law in general, and regulated markets in particular, in addition to his personal quality. For his part, Uriel O’Farrell has been and continues to be a natural leader of a team that has managed to carry it forward, at different stages, with different partners and at very changing times in Argentina. Uriel, in addition to being an extraordinary lawyer, is a great person.

Key clients

Ford Argentina

Total

Amarillas Gas

Cañuelas Gas

Naturgy Spain

YPF Energía Eléctrica

Claro Argentina

Qatar Airlines

Latinoamericana de Energia

ENAEX

RPB Baggio

Compressed Natural Gas Service Stations allegedly involved in a cartel

Salaverri, Burgio & Wetzler Malbran

Salaverri, Burgio & Wetzler Malbran specialises in cross-border and multijurisdictional M&A transactions, including the antitrust advise arising from them. The team, led by Tomás Arnaude, is made up of experts in M&A, private equity, litigation and regulation. Arnaude focuses on antitrust, M&A, capital markets, corporate finance and corporate law. Fellow partner Elena Sozzani, who acts on a range of antitrust matters in Argentina, is also a key name.

Practice head(s):

Tomás Arnaude

Key clients

Pampa Energía

Natura Cosméticos

YPF

Orígenes Seguros de Retiro

Avon Products

Grupo ST

Work highlights

  • Counsel to the purchasers on the financing for the acquisition of the goodwill of the Barragán thermal power plant from Integración Energética Argentina.
  • Counsel to Natura on the antitrust analysis prior to its acquisition by way of merger of Avon Products; and the further mandatory antitrust filing with the Argentine Antitrust Authority.
  • Counsel to Orígenes on the acquisition of Genes II Seguros de Retiro (formerly Metlife Seguros de Retiro, “Genes”) and the further clearance with the Argentine Antitrust Authority.

Brons & Salas

The multidisciplinary practice at Brons & Salas draws on its expertise in a range of areas to obtain merger clearance, advise on behavioural matters and train clients in compliance with relevant norms. The team has expertise in antitrust issues across multiple industries, particularly the wine, automotive, insurance, media, advertising and pharmaceutical sectors. The ‘professional, pragmaticMaría José Rodríguez Macías  leads the team and specialises in advising foreign investors in Argentina on the acquisition of companies. Senior partner Eduardo Represas  is also recommended in the area.

Practice head(s):

María José Rodríguez Macías

Testimonials

‘It is important for the external lawyer to understand that the role of the in-house lawyer is totally different, having to adapt the legal recommendations so that they are read and understood by high-ranking professionals of the company without legal training. They understood this perfectly and were very pragmatic.’

‘I worked directly with María José Rodríguez Macías, who proved to be very professional, pragmatic, responded quickly to requests, and was very available and experienced.’

‘We have fluid, direct, agile contact with the team and always on time.’

‘María José Macías and Eduardo Represas not only advise us at the regulatory level and technical knowledge, but also help us outline short- and long-term strategies with implications for our businesses.’

Key clients

Grupo Peñaflor

Godrej Consumer Products

Toyota Compañía Financiera de Argentina

Compañia Argentina de Levaduras

Clorox Argentina

Cook Agriculture

Discovery Communications

Praxair Argentina

Laboratorios König

Schaeffler

Kimberly Clark Argentina

AstraZeneca

Martínez de Hoz & Rueda

Led by public law specialist Juan Cruz Azzarri, Martínez de Hoz & Rueda 's competition and antitrust practice has broad experience assisting local and international clients with transactional filings and clearance. The team also represents companies before the Argentine Antitrust Authorities, with Azzari's practice encompassing administrative and constitutional law.

Practice head(s):

Juan Cruz Azzarri

Testimonials

‘Knowledge of antitrust law and knowledge of the specific deal is required. The firm has solid experience in deals involving O&G assets in Argentina since, in my opinion, it is one of the best in this field.

‘They know the legal and commercial market for acquisitions of O&G assets. They are proactive and practical.

Key clients

ExxonMobil Exploration Argentina

DeltaPatagonia

Trafigura Group

Schlumberger Production Management (SPM)

Wintershall DEA Argentina

Patagonia Energy

Capex

Work highlights

  • Assisting Trafigura with its notification to the Argentine Antitrust Authorities regarding an economic concentration.
  • Assisting Patagonia with a notification before the Argentine Antitrust Authorities.
  • Successfully represented Wintershall DEA on a notification and clearance process before the Argentine Antitrust Authorities.

Tanoira Cassagne Abogados

Providing a full service in the competition area, Tanoira Cassagne Abogados' team handles antitrust behaviours, merger notifications and litigation. As regards merger-control filings, the team advises on national and cross-border transactions in a range of sectors, including oil and gas, pharma, agribusiness and credit cards. Co-practice heads Francisco Rondoletti and Bernardo Cassagne are both reported as responsive, reliable and up-to date with relevant matters and norms.

Wiener Soto Caparrós

Experienced in antitrust compliance, Wiener Soto Caparrós advises on M&A clearance, government investigations into unlawful competition restraints, litigation involving complex antitrust issues, and risk management planning. The team’s antitrust and merger control expertise covers a range of industries, from digital cable television, beverage distribution, brewing and wine-making, to manufacturing, retail, agriculture and banking. Practice head Mariela del Carmen Caparrós provides antitrust experience on Argentina and Latin America, particularly regarding regulated industries.

Practice head(s):

Mariela del Carmen Caparrós

Key clients

Coca-Cola Andina Argentina

RAGT Seeds

Advanta Seeds

Maxiconsumo

McCain Argentina

Jones Day

UPL Corporation

NSK Global

Hikvision

RPM International

Work highlights

  • Advised Advanta Seeds on its presentation to the National Antitrust Commission as an interested third party in the merger review process of Syngenta’s acquisition of Nidera Seeds.
  • Advised longstanding client Coa-Cola on all its antitrust consultations and issues, as well as analysing all aspects of the company’s marketing campaigns, promo releases and discounts within the purview of antitrust regulations, consumer protection law and fair-trade practices.
  • Assisted Maxiconsumo on navigating the different resolutions issued by the National Government in connection with the “Shelf Law”, as well as advising the client on its effects on their business.