Overview of recent private antitrust litigation activity
On 30 November 2020, a new bill for the partial amendment of the Antitrust Law2 was included within a set of bills to be addressed by the Argentine National Congress. On 4 February 2021, the Senate approved the bill with several modifications. However, the bill has yet to be approved by the House of Representatives. This delay is expected to continue because the political situation has shifted the administration's priorities away from competition issues.
One of the key amendments is the elimination of the procedure for the appointment of members of a new National Competition Authority. The proposal establishes that members will be appointed by the Executive Power, with the prior recommendation of the Ministry of Productive Development, although currently the Antitrust Commission (the Commission) is under the umbrella of the Ministry of Economy. This change will affect the initiation of antitrust litigation actions and the authority for decision-making during the process.