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ARTICLE · 10 AUGUST 2012

New Decision Regarding Damages In An Anticompetitive Claim

The Commercial Court of Appeals upheld a decision which rejected a claim brought for damages arising from an alleged abuse of dominant position.

ArgentinaAntitrust/Competition Law
Alfredo O'Farrell
Alfredo O'Farrell
Miguel Del Pino
Miguel Del Pino

The Commercial Court of Appeals upheld a decision which rejected a claim brought for damages arising from an alleged abuse of dominant position. It sets the stage for the filing of damages claims without the prior intervention of the Antitrust Commission.

Pursuant to the decision issued on February 28, 2012 the Commercial Court of Appeals (the "Court of Appeals") upheld the decision of the First Instance Court in re "Martinez Irma y otro c/ Cervecería y Maltería Quilmes S.A.I.C. Y G. s/ ordinario", which rejected the claim brought by the owners of the beer distribution company "Distribuidora Rodeo" ("Rodeo") against Cervecería y Maltería Quilmes S.A.I.C. ("Quilmes"), Argentina's largest beer company, requesting compensation for damages arising from an alleged abuse of dominant position.

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