{"id":57276,"date":"2026-06-16T15:19:26","date_gmt":"2026-06-16T15:19:26","guid":{"rendered":"https:\/\/my.legal500.com\/developments\/?post_type=press_releases&p=57276"},"modified":"2026-06-16T15:19:26","modified_gmt":"2026-06-16T15:19:26","slug":"juntos-june-2026-updates-on-antitrust-and-competition-enforcement-in-latin-america","status":"publish","type":"press_releases","link":"https:\/\/my.legal500.com\/developments\/press-releases\/juntos-june-2026-updates-on-antitrust-and-competition-enforcement-in-latin-america\/","title":{"rendered":"Juntos – June 2026 – Updates on Antitrust and Competition Enforcement in Latin America"},"content":{"rendered":"
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Regional<\/strong><\/h2>\n<\/div>\n<\/div>\n
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Spanish CNMC hosts annual meeting of Ibero-American Association of Energy Regulatory Authorities and adopts Madrid Declaration.\u00a0In May 2026, the Spanish Competition Authority (CNMC), which is also the energy regulator in Spain, hosted the annual meeting of the Ibero-American Association of Energy Regulatory Authorities (Asociaci\u00f3n Iberoamericana de Entidades Reguladoras de la Energ\u00eda<\/em>, or ARIAE). Regulators from Ibero-American countries \u2013 along with Portuguese-speaking African regulators \u2013 discussed opportunities to enhance regulatory frameworks for integrating renewable energy into the electricity, natural gas, and liquid fuels sectors.\u00a0<\/strong><\/p>\n

Participants also adopted the Madrid Declaration, which is a document that encourages the independence of energy regulators and promotes a stable regulatory framework. The Declaration also highlights the importance of international cooperation and the need to strengthen technical training, digitalization, and cybersecurity in order to improve market functioning, boost energy efficiency, and protect vulnerable consumers.<\/p>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n

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Argentina<\/h2>\n<\/div>\n<\/div>\n
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Argentina moves toward a suspensory merger control regime.\u00a0<\/strong>Argentina is set to transition to a suspensory merger control regime, as Article 9 of the Argentine Competition Law will become fully effective on November 17, 2026 \u2013 one year after the appointment of the President and other members of the Argentine Competition Authority. Under this framework, mergers and acquisitions (M&A) will be subject to approval by the Argentine Competition Authority before closing. With this change, Argentina will align more closely with international practice requiring approval for regulated M&A transactions.<\/div>\n<\/div>\n<\/div>\n
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Chile<\/h2>\n<\/div>\n<\/div>\n
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TDLC rejects abuse of dominance claim against Metrogas and Agesa in gas distribution case.\u00a0<\/strong>On January 28, 2026, Chile\u2019s Competition Tribunal (Tribunal de Defensa de la Libre Competencia<\/em>, or TDLC)\u00a0issued Judgment No. 208\/2026<\/a>, rejecting a consumer claim alleging that the 2016 corporate division of Metrogas \u2013 which created Agesa \u2013 and a subsequent gas supply agreement constituted a scheme to circumvent Metrogas’s profitability cap and enabled exploitative abuse through excessive pricing. The TDLC found that the corporate division was carried out transparently and was addressed by the law itself, dismissing both the fraud and excessive pricing allegations.<\/p>\n

TDLC approves settlement between FNE, Delivery Hero, and Glovo in cross-border market allocation case.\u00a0<\/strong>On February 5, 2026, the TDLC\u00a0approved a settlement agreement<\/a>\u00a0between the\u00a0Fiscal\u00eda Nacional Econ\u00f3mica<\/em>\u00a0(FNE), Delivery Hero SE (parent of PedidosYa), and Glovoapp23 SA (parent of Glovo) in a case concerning an international market allocation agreement. The FNE alleged that the companies entered into asset-transfer agreements in 2019 (Project Green) that included non-compete clauses allocating territories across Chile, Egypt, Peru, and Ecuador, resulting in Glovo’s exit from Chile. The settlement imposes a fine of approximately USD31.5 million payable to the Treasury and requires Delivery Hero to implement annual competition law training for PedidosYa executives for five years.<\/p>\n

For additional background, see \u201cFNE pursues Delivery Hero and Glovo for alleged market allocation\u201d in the\u00a0November 2025 issue<\/a>\u00a0of\u00a0Juntos<\/em>.<\/p>\n

TDLC rejects SumUp’s abuse of dominance claim against Transbank in payment processing case.\u00a0<\/strong>On February 3, 2026, the TDLC\u00a0issued Judgment No. 209\/2026<\/a>, rejecting SumUp’s claim against Transbank SA alleging that Transbank\u2019s 2022 increase in acquirer margin fees breached a 2022 Supreme Court ruling and constituted a margin squeeze amounting to abuse of dominance. The TDLC dismissed both claims, finding that alternative providers were available and that SumUp failed to demonstrate that Transbank acted contrary to the Supreme Court’s decision or that its margins had become negative.<\/p>\n

Supreme Court overturns TDLC rulings in interlocking cases.\u00a0<\/strong>On March 2, 2026, Chile’s Supreme Court\u00a0overturned two TDLC judgments<\/a>\u00a0(2025) that sanctioned several entities for violating rules regarding interlocking directorates \u2013 which occur when an individual serves on the boards of competing companies simultaneously. In the first case, Juan Hurtado Vicu\u00f1a served simultaneously as director of Consorcio and Larra\u00edn Vial; in the second, Hern\u00e1n B\u00fcchi served on the boards of Banco de Chile, Consorcio, and Falabella. The Supreme Court held that 1) the interlocking prohibition applies only to individuals, not to the companies in which they participate, and 2) parent companies cannot be deemed \u201ccompeting enterprises\u201d merely because their subsidiaries operate in overlapping markets. The ruling nullified fines totaling approximately CLP7.5 billion but did not affect prior settlement agreements with Hern\u00e1n B\u00fcchi and Falabella.<\/p>\n

TDLC approves settlement with Booking.com eliminating price parity clauses in digital lodging market.\u00a0<\/strong>On March 23, 2026, the TDLC\u00a0approved a settlement<\/a>\u00a0between the FNE and Booking.com BV, concluding an investigation into the company\u2019s use of most favored nation, or price parity, clauses that restricted accommodation providers from offering lower prices on competing channels. Booking.com committed to eliminating such clauses, refraining from reintroducing them, removing external pricing criteria from its loyalty programs, and paying USD6 million to the Treasury. The obligations will remain in effect for a minimum of three years, after which Booking.com may seek review.<\/p>\n

FNE files complaint against PedidosYa for alleged breach of 2023 settlement banning price parity clauses in food delivery.\u00a0<\/strong>On March 11, 2026, the FNE\u00a0filed a complaint<\/a>\u00a0before the TDLC against Delivery Hero E-Commerce Chile SpA (PedidosYa) alleging a breach of the extrajudicial settlement approved by the TDLC in December 2023, which prohibited PedidosYa from implementing most favored nation, or price parity, clauses with its partner restaurants.<\/p>\n

The FNE alleges that PedidosYa used a banner labeled \u201cMismo precio que en local<\/em>\u201d (\u201cSame price as in-store\u201d) that effectively restricted restaurants from offering lower prices through their own channels or competing platforms. The FNE has requested a fine of approximately USD3.8 million.<\/p>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n

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Mexico<\/h2>\n<\/div>\n<\/div>\n
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Mexico\u2019s CNA sanctions companies for exclusivity clauses in medical oxygen supply contracts.\u00a0<\/strong>On March 19, 2026, Mexico\u2019s National Antitrust Commission (Comisi\u00f3n Nacional Antimonopolio<\/em>, or CNA)\u00a0imposed sanctions<\/a>\u00a0on two companies for engaging in anticompetitive practices related to the use of exclusivity clauses in medicinal oxygen supply contracts.<\/p>\n

According to the CNA, the sanctioned companies included exclusivity provisions in their supply agreements that prevented private clinics and hospitals from purchasing medicinal oxygen from alternative suppliers. The contracts also contained automatic renewal clauses and early termination penalties that applied to clients\u2019 existing and future medical facilities.<\/p>\n

The CNA determined that these contractual provisions restricted competition, hindered entry and expansion by other suppliers, and limited the ability of clinics and hospitals to obtain alternative supply conditions for medicinal oxygen. The conduct was found to have affected medical facilities and patients requiring oxygen as part of their treatment.<\/p>\n

The CNA imposed fines of approximately MXN800 million. In addition, the CNA ordered the companies to 1) cease enforcing exclusivity clauses in existing contracts, 2) refrain from including exclusivity and automatic renewal provisions in future contracts, and 3) appoint a compliance officer and an independent auditor to oversee implementation of the corrective measures and ensure compliance with competition laws.<\/p>\n

The CNA files a class action to seek compensation for consumers affected by collusion in the LP gas market
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On April 23, 2026, the CNA announced the\u00a0filing of a class action lawsuit<\/a>\u00a0against 53 liquefied petroleum (LP) gas companies, seeking compensation for consumers affected by a long-running collusive scheme in the distribution of LP gas in Mexico.<\/p>\n

The case arises from a prior investigation in which the authority identified and sanctioned an illegal agreement among major gas distributors, who allegedly coordinated to manipulate prices and allocate customers across regions such as Mexico City, the State of Mexico, and various localities in Colima, Tamaulipas, and Sinaloa. The CNA reports these practices resulted in overcharges that caused harm to consumers exceeding MXN13 billion.<\/p>\n

In addition to the administrative fines previously imposed, the CNA is seeking judicial remedies aimed at achieving direct compensation for affected consumers. In particular, the lawsuit requests that the companies be ordered to grant discounts on LP gas prices in the affecting regions.<\/p>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n

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Peru<\/h2>\n<\/div>\n<\/div>\n
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INDECOPI sanctions an electricity sector company for failure to provide complete information in merger control review.\u00a0<\/strong>On January 19, 2026, Peru\u2019s National Institute for the Defense of Competition and Protection of Intellectual Property (INDECOPI)\u00a0sanctioned<\/a>\u00a0an electricity sector company with a fine of 1,000 Tax Units (approximately PEN5.5 million) for failing to provide complete, accurate, and truthful information to the authority during the evaluation of a merger control filing.<\/p>\n

In 2023, the company notified INDECOPI of the proposed acquisition of solar power generation plants. INDECOPI requested documents related to the company\u2019s investment plans or projects in the Peruvian energy sector for the following five years, which the company claimed did not exist. However, INDECOPI later identified internal documents indicating undisclosed investment plans.<\/p>\n

The decision represents the first sanction imposed for infringements under the current merger control regime. The first administrative resolution has been appealed and is currently pending at the appellate level.<\/p>\n

United States<\/span><\/p>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n

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FTC secures USD10 million settlement with StubHub for deceptive ticket pricing.\u00a0<\/strong>On April 9, 2026, the Federal Trade Commission (FTC)\u00a0announced<\/a>\u00a0a settlement with StubHub for violating the FTC Act and the\u00a0Rule on Unfair or Deceptive Fees<\/a>. The FTC alleged that StubHub deceptively advertised ticket prices across the first three pricing displays on its website without clearly and conspicuously disclosing the total price, including all mandatory fees.<\/p>\n

State enforcers push for parallel remedies proceedings after jury verdict against Live Nation.\u00a0<\/strong>On April 15, 2026, the jury in\u00a0United States et al. v. Live Nation Entertainment, Inc. et al.<\/em>,\u00a0found<\/a>\u00a0that Live Nation and its Ticketmaster unit monopolized ticketing services for large music venues and unlawfully tied venue access to its concert promotion services. This development follows Live Nation entering a mid-trial settlement with the US Department of Justice (DOJ) on March 9, 2026, which allowed Live Nation to retain Ticketmaster subject to certain conditions (as reported in our\u00a0April 2026<\/a>\u00a0issue of\u00a0Inside Competition<\/em>). However, state enforcers have deemed the DOJ settlement insufficient and have\u00a0reportedly indicated<\/a>\u00a0their intent to seek a forced sale. State enforcers requested that the court proceed with remedies discovery in parallel with the Tunney Act review.<\/p>\n

Federal court blocks Nexstar-Tegna merger pending resolution of antitrust suit.\u00a0<\/strong>On April 17, 2026, US District Court Chief Judge Troy L. Nunley extended an\u00a0emergency order<\/a>\u00a0blocking Nexstar Media Group\u2019s proposed USD6.2 billion acquisition of Tegna while an antitrust lawsuit brought by eight states and DIRECTV proceeds. Although the transaction had received approval from the Federal Communications Commission and DOJ, the merger would result in Nexstar owning 265 television stations across 44 states and the District of Columbia, including two or three \u201cBig Four\u201d local network affiliates in 31 markets. The court concluded that the plaintiffs were likely to succeed on the merits, finding that the transaction could lead to increased consumer prices, reduced programming quality and access, and diminished local journalism. Nexstar has announced its intent to appeal the ruling, stating that the transaction has received the required regulatory approvals and would expand local journalism.<\/p>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n","protected":false},"featured_media":0,"template":"","class_list":["post-57276","press_releases","type-press_releases","status-publish","hentry"],"acf":[],"_links":{"self":[{"href":"https:\/\/my.legal500.com\/developments\/wp-json\/wp\/v2\/press_releases\/57276","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/my.legal500.com\/developments\/wp-json\/wp\/v2\/press_releases"}],"about":[{"href":"https:\/\/my.legal500.com\/developments\/wp-json\/wp\/v2\/types\/press_releases"}],"wp:attachment":[{"href":"https:\/\/my.legal500.com\/developments\/wp-json\/wp\/v2\/media?parent=57276"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}