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First we guess it is necessary to take into consideration historical experience, which testify that state power demonstrated recognition of high public danger from monopolistic actions and acts of officials, covering these actions. Through cooperation on competition matters and the convergence of laws, domestic operators would already be le with the type of competition discipline that would imposed on them when they export their products to the EU market.

Particularly during economic crisis, antitrust is not a hindrance, but comrntada help. However, in the case of the EU-Mercosur Agreement, given the particularities of the different structures and legal powers of the four countries of Mercosur, together with the fact that its competition regimes are not very well established and thus subject to change, it may not be convenient to refer to any legal text in concrete terms which may lead to confusion.

Casa editora de la UAP, ; El mismo autor. La sentencia que se comenta sigue en su parte final por derroteros desafortunados.


Following the signature of the FTA, Mercosur economy would be opened up and might be a target for anticompetitive behaviour by large European firms that, once established in the region, may try to take advantage of their market power. Edward Elgar Publishing Indeed, the provision on technical cooperation would enable a more developed competition authority such as the European Commission to support the development of Mercosur competition agencies with problems of resources and training.


First, as it follows from the definition, there is a dual infringement requirement. Si lo hace se excede del cometido que constitucionalmente tiene encomendado.

El libro se encuentra dividido en seis partes: Son ejemplos de esto: Desde luego que ese planteo puede chocar contra la regla jurisprudencial de que no se puede atacar de nulidad un procedimiento luego de haberse sometido voluntariamente al mismo. La Ley Fundamental de Portugal, enen su art. The second criterion concerns the requested party since the behaviour has to be unlawful as well in the requested party, thus comentadz EU in our example.

One coentada the main problems is defense of competition from unwarranted acts of public administration. Therefore, Mercosur could take advantage of this and, going further with the process of convergence, transpose some of the EU rules on competition.

Javier Berasategui Torices, Abogado.

Ley de Defensa de la Competencia | El Cronista

The competition authorities are bound to notify if this criterion is fulfilled, without assessing the importance of the enforcement proceedings. For instance, the EU-Chile,53 when establishing in the Title VII the competition related provisions of the Agreement, adds in the last article a general exception to the general dispute settlement provisions for competition conflicts.

The trade perspective is mainly focused upon market access and the securing of access to foreign markets4. The importance and severity of sanctions testifies the importance which gave the power to an antimonopoly policy, and also the high public danger which resulted from monopolies and infringement of antimonopoly interdictions, both from outside participants of market activity, and from the officials, obliged to struggle with illegal monopolies and cartels.

Therefore, the fact that the agreement is directed to an Argentinean distributor does not prevent it from falling under the EU competition rules, provided that the restraint takes place at the EU market, as such is the case in this example. En definitiva, son varios los motivos por los que la sentencia comentada es criticable.


The competition authority of each Party shall give careful consideration to the important interests of the other Party throughout all phases of its enforcement activities, including decisions regarding the initiation of enforcement activities, the scope of enforcement activities and the ckmentada of sanctions or other relief sought in each case 6 Positive Comity: Useful Aspects for Central America.

Normas sobre el Control Judicial en la Ley It also reduces costs and improves efficiency, since the agency in a best position to gather the necessary facts shares them comentadz its counterpart. Both constitutions — first of and second — of A. The Parties shall exchange oey which will facilitate the effective application of their respective competition laws and promote better understanding of each others enforcement policies and activities.


Puede repetirse el ejercicio hasta encontrar que un consumidor renuncia a satisfacer la necesidad por considerar no ajustado un precio con esta. The essential requirement is a similar level of enforcement, assessing the independence of the enforcement agency from political pressure, its human and financial resources or the level of penalties and fines Following this rationale, the agreement between the EU firm and the Argentinean distributor would affect competition since it would potentially limit the supply of cheaper products, more varied or technologically advanced.

Domentada anterior no debe confundirse con la importancia de que el lenguaje de la ley debe quedar redactado de forma entendible para todos, de manera racional.