Limits To The Enforcement Powers Of The National Antitrust Commission

The Argentine Supreme Court decided that the National Antitrust Commission will be in charge of the instruction and investigation of infringements under Antitrust Law No. 25,156, while the adjudicative power of these procedures rests on the Secretary of Domestic Trade of the Ministry of Economy through the issuance of administrative acts, until the National Tribunal for the Defense of Competition is set up.

Background

Regarding the extraordinary appeal lodged by the National Antitrust Commission (the "CNDC"), dated November 29, 2011, the Argentine Supreme Court (the "Supreme Court") upheld the decision of Division "A" of the Federal Court of Appeals on Civil and Commercial Matters (the "Federal Court of Appeals") in re: "Moda S.R.L. s/ solicitud de intervención", which overturned the decision by means of which the CNDC ordered to close the proceedings initiated in connection with the complaint for anticompetitive acts prohibited by the Antitrust Law No. 25,156