On February 2, 2022, the Secretary of Domestic Trade updated, under Resolution 35/2022, the value of the administrative unit contemplated under Argentine Antitrust Law, and increased its amount from AR$55.29 to AR$83.45. As a consequence, the merger control thresholds and the monetary fines under Argentine Antitrust Law, have been updated.
Merger transactions need to be notified to the Antitrust Authority if the combined sales of the involved entities exceed AR$8,345 million (approx. US$ 77.4 million) in Argentina.
The de minimis exemption to require the filing of those mergers applies if the amount of the transaction and the value of the assets located in Argentina exceed AR$1,669 million (approx. US$15.5 million), except if any of the entities were involved in economic concentrations in the same relevant market exceeding those amounts in the prior 12 months, or the amount of AR$5,007 million (approx. US$46.5 million) in the prior 36 months,
If the fines for anticompetitive conducts cannot be calculated following the criteria set forth under the law, those fines cannot exceed AR$16,690 million (approx. US$154.9 million).
If the daily fines for late filings or breach of cease-and-desist orders cannot be calculated following the criteria set forth under the law, those fines cannot exceed AR$62.5 million (approx. US$580,000).
Contact :
Ignacio Nicholson in@bplaw.com.ar