Two Years of the New CNDC: Anticompetitive Conducts Recap

As a result of the change in government, on January 30, 2024, the President of Argentina, Javier Milei, and the Minister of Economy, Luis Andres Caputo, appointed the new members of the Argentine Antitrust Commission (CNDC) through Decree 100/2024.^[1] Through this Decree, they appointed Alexis German Pirchio as president of the CNDC and Lucas Gabriel Trevisani, Florencia Bogo, and Eduardo Rodolfo Montamat as commissioners. Later, on April 26, 2024, they appointed Maria Paula Molina as the fourth member of the CNDC.^[2] Subsequently, on March 18, 2025, Eduardo Montamat was appointed as the new president of the CNDC,^[3] thus forming the current competition authority.

This article provides a brief overview of key issues and cases of anticompetitive conducts cases to date, almost two years into the new administration. 

 

1. Solved Cases

Since its renewal, the CNDC has reviewed a greater number of anticompetitive conducts cases, recommending that the Secretariat of Industry and Commerce (SIC) close several pending cases, many of which had been unresolved for years.
Among these is Conduct 1802,^[4] which involved a 2022 complaint filed by a retailer against Panini, New Rita, and wholesale distributors of albums and stickers, alleging a priority agreement for the sale of Qatar 2022 World Cup albums and stickers with Jumbo, Axion, and Pedidos Ya. According to the complainant, the alleged refusal to supply Panini products to small retailers resulted in shortages and price increases. Following CNDC’s recommendation, the SIC dismissed the case, concluding that the respondent lacked market power to distort competition and that the facts and legal grounds invoked were not sufficient to continue the proceeding.

The CNDC also ruled on Conduct 1734,^[5] initiated in 2019, based on a complaint filed by Ciancaglini against AESA (a company controlled by YPF) in the market for Organic Oleophilic Blankets (MOO), used to absorb oil spills. The complaint alleged an abuse of dominance by using public funds to replicate the complainant’s product and engaging in predatory practices subsidized by YPF’s market power. The CNDC recommended closing the case, determining that the requirements for predatory pricing were not met and that no harm to the general economic interest was proven.

Another case resolved under the new CNDC administration was Conduct 1831,^[6] initiated in 2023 by virtue of an ex officio investigation of the previous administration into an alleged abuse of dominance by Catedral Alta Patagonia SA. The investigation focused on alleged price increases for ski lift passes for the 2023 winter season in Bariloche. The CNDC concluded that the services provided at the ski resort constitute a public service regulated and supervised by the government and, as such, operate in a regulated market. After review, the CNDC found no evidence of manifest illegality or irrationality in the approved rates and recommended closing the case.

Among the most notable cases, the new CNDC addressed Conduct 1767,^[7] initiated in 2021 when the former SIC ordered an investigation into whether updates to WhatsApp’s Terms of Service and Privacy Policy imposed by WhatsApp and Meta could constitute an anticompetitive practice. A temporary injunction was issued to suspend implementation. The initial concern was that the update could amount to an abuse of dominant position, given its extensive reach in collecting and processing user data, potentially allowing the companies to impose contractual conditions unfeasible in a competitive environment. However, after several years, the current CNDC administration concluded that that the case should be closed, as there was no evidence that the practices had negatively impacted competition in the instant messaging market and the issues raised fell under data protection and consumer protection law.

In the same vein, the CNDC also dismissed Conduct 1794^[8] against Loma Negra, which was originally initiated ex officio by the competition authority itself. The case began in 2022 by virtue of the CNDC’s market investigation in the cement industry, which found a highly concentrated market where companies exercise localized market power near their production plants, allowing for price discrimination based on geographic demand. However, after review, the CNDC determined that the price differences across provinces were not due to anticompetitive conduct but reflected the normal FOB pricing conditions from the nearest production facilities.

 

2. Investigations Initiated

The fact that CNDC has closed several pending cases has allowed it to devote its efforts to new investigations of key industries with a high public impact, which are currently underway. Two complaints filed in the private health insurance and pharmaceutical markets stand out.  

In the first case, the complaint was filed against seven private health insurance companies, the Argentine Health Union (UAS) and its president for potential cartelization due to an alleged coordinated increase in the prices of health care plans. Following the recommendation of the CNDC, in April 2024, SIC issued a preliminary injunction,^[9] ordering they adjust their health plans instalments in accordance with the monthly variation of the Consumer Price Index and ordering they cease any type of information exchange between the defendants. Likewise, in December of the same year, the CNDC decided to charge the defendants with alleged cartelization. This is currently pending resolution.

In the second case, the complaint was directed against the Association for the Administration of Oncology and Special Treatment Contracts (ACE Oncología) and a group of laboratories for an alleged coordinated increase in the prices of oncology drugs sold to PAMI.  

 

3. Conclusion

Considering the above, an analysis of the cases resolved to date suggests that, over the last two years, the current composition of the CNDC has focused on analyzing cases of anticompetitive conducts, dismissing investigations that have not had sufficient standing to harm the general economic interest, and focusing their investigative efforts on more complex issues.  

The current composition of the CNDC is of particular importance in establishing the Argentine Competition Authority, provided for in the Antitrust Law 24772. Recently, it has made significant progress in this regard. The entry into force of this authority would represent a major step forward for antitrust law in Argentina, as it will mean greater efficiency, resources, and legal certainty in the analysis of anticompetitive conducts and alignment with global standards.