Defense in competition investigations
Your company has received an information request, a summons, or has learned that the competition authority has opened an investigation into practices in its sector, and needs to organize a solid defense from the outset.
This page covers defense once an investigation or proceeding is already underway. If your goal is to notify a transaction, see Merger control; to prevent risk, see Preventive antitrust advice; for details on the sanctions regime, see Sanctions proceedings.
- Immediate analysis of the request or proceeding that was opened
- Review of relevant documentation and internal communications
- Definition of the defense strategy and applicable deadlines
- Preparation of responses and offering of evidence
- Assessment of commitments or cooperation mechanisms provided by law
- Coordination with the company's business and compliance teams
What conduct the authority investigates
Law 27,442 prohibits agreements and concerted practices between competitors, abuse of a dominant position, and other conduct that has the purpose or effect of limiting, restricting, falsifying, or distorting competition, when this could harm the general economic interest. Among the most sensitive practices are price fixing, market allocation, and bid rigging.
When the enforcement authority detects indications of such conduct, it may open an investigation, request information, and order evidentiary measures. An organized, well-founded response in the early stages shapes the rest of the proceeding.
How we structure the defense
We review the scope of the request, the company's documentation, and the relevant communications to build a consistent strategy. We prepare responses, offer and produce evidence, and assist the company at every stage of the proceeding before the authority.
When appropriate, we assess with the client the tools the regime provides, such as commitments or cooperation mechanisms with the authority, always based on the facts and the company's interests. We do not promise outcomes: we define the best possible line of defense for each case.
Common mistakes
- Responding to requests without advice and without a defined strategy
- Destroying or altering documentation once the investigation becomes known
- Ignoring the proceeding's deadlines and losing opportunities to defend
- Discussing the case informally through unsecured channels
- Neglecting coordination among the company's different areas
Frequently asked questions
What should I do if I receive a request from the authority?
What conduct can the authority investigate?
Are there mechanisms to cooperate with the authority?
Can you assist us if the parent company is based abroad?
Organize your defense from day one
If you received a request or learned of an investigation, time matters. Contact us to define a defense strategy tailored to your company.
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