Competition Law

Competition sanction proceedings

Your company faces the possibility of a sanction, has received a ruling from the competition authority, or needs to understand the consequences of a potential infringement of competition regulations and the ways to appeal it.

In one line

This page covers the sanction stage and appeals against the authority's decisions. If an investigation is still ongoing, see Defense in investigations; to prevent infringements, see Preventive antitrust counsel.

First steps

Analysis of the charges and the grounds of the ruling
Assessment of the proportionality and calibration of the sanction
Identification of appeal avenues and their deadlines
Preparation and filing of administrative appeals
Coordination of the administrative defense with judicial proceedings
Monitoring of compliance with or suspension of the measure

The sanctions regime under Law 27,442

Law 27,442 provides for sanctions against those who engage in anticompetitive conduct, which may include cease-and-desist orders, fines and other measures depending on the severity of the case. The enforcement authority weighs various factors when setting the sanction, such as the magnitude of the harm, the duration of the conduct and the company's market share.

We analyze the charges, the grounds of the ruling and the proportionality of the measure to build a solid technical defense at this stage, without asserting in advance outcomes that depend on the specific facts of each case.

Appeals and review of decisions

Decisions of the competition authority can be challenged through the appeal mechanisms provided under Law 27,442 and applicable regulations, including judicial review. We assess the viability of the appeal, its deadlines and its strategy.

We prepare and file appeals, and support the company through the review stage, coordinating the administrative defense with judicial proceedings when applicable.

Common mistakes

Letting appeal deadlines lapse
Failing to analyze the proportionality of the imposed sanction
Waiving judicial review without assessing its viability
Neglecting coordination between the administrative and judicial stages
Underestimating the sanction's impact on the company's operations

Frequently asked questions

What sanctions does Law 27,442 provide for?

The regime includes, among other measures, cease-and-desist orders and fines, calibrated according to the severity of the case. The determination depends on the specific circumstances of each file.

Can the authority's decisions be appealed?

Yes. The law provides for appeal avenues, including judicial review. We assess the viability of the appeal, its deadlines and the most convenient strategy in each case.

How is a fine calibrated?

The authority weighs factors such as the severity and duration of the conduct and its market impact. That is why we analyze the proportionality of the measure when preparing the defense.

Do you also act at the judicial stage?

Yes. We coordinate the administrative defense with judicial proceedings when applicable, supporting the company throughout the review process.

This page is informational and does not replace professional advice on your specific case. It does not imply any promise of results.

Defend your position against a sanction

We analyze the ruling and the ways to appeal it within the applicable deadlines. Contact us to assess the best strategy for your case.

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