Preclosing System to Become Enforceable in Argentina in 2026

The new Argentine Competition Authority (ANC) was officially created on November 14, 2025, through Decree 810/2025. The Executive branch took a decisive step toward the long-awaited creation of the ANC—which had been established in the Antitrust Law 27442—by issuing Decree 803/2025.[1] This Decree significantly accelerated the ANC’s establishment and operations.

Overall, the key modifications include:

1. Removing the 60-day period for performing its functions. The ANC will start performing its functions immediately upon being constituted.[2]

 

2. Removing the 60-day period for issuing internal regulations. The Antitrust Tribunal must issue its internal regulations and any other rules deemed necessary for the ANC’s proper functioning immediately after the ANC is constituted.[3]

 

3. Ratifying the number of members that need to be appointed for the ANC to start operating. The ANC will be legally constituted and operative once its president and two members of the Antitrust Tribunal are appointed (i.e., with the mere designation of three members).

 

4. Clarifying the entity that will perform the functions in article 28 of the Antitrust Law. While the original version in the Regulatory Decree 480/2018 stated that the ANC would perform the functions established in article 28 of the Antitrust Law, the updated version specifically states that the Antitrust Tribunal will be in charge of functions (e.g., imposing sanctions and resolving cases).[4]

 

5. Removing the 60-day period to perform said functions. While the original version established a 60-day period for complying with paragraphs (a) through (t) (except (k) and (q)) of article 28, the updated version states that the Antitrust Tribunal will begin performing said functions immediately after the ANC is created.[5]

This landmark reform paved the way and the ANC was officially established on November 14, 2025, through Decree 810/2025.[6] Accordingly, the following members were appointed: Eduardo Montamat (president of the Antitrust Tribunal), Lucas Trevisani (member of the Antitrust Tribunal), Marcelo D’Amore (member of the Antitrust Tribunal), Ana Parente (secretary of Anticompetitive Conducts), and German Zamorano (secretary of Economic Concentrations).

The creation of the ANC will bring several changes in antitrust enforcement in Argentina. Some changes include:

1. Pursuant to article 84 of the Antitrust Law, the pre-closing system in Argentina will become operational one year after the ANC has been constituted. This means the system will become enforceable on November 17, 2026, since Decree 803/2025 was published in the Official Gazette on November 17, 2025.
2. Transactions closing after this date will be subject to the new regime. Parties to these transactions must consider that the notification process will now need the ANC’s approval for them to close the transaction. This is a very important departure from the current system, since merger control review in Argentina has been carried out post-closing.
3. Upon the ANC’s creation, the current double-tier system in Argentina (by means of which the Antitrust Commission issued an opinion which had to be later approved by the Secretary of Trade) will no longer be operational. The consolidation of the decision-making process in one single authority is expected to significantly improve the timelines of cases.

The creation of the ANC constitutes a significant milestone in the enforcement of the Antitrust Law by entirely reshaping the enforcement process of antitrust matters and by aligning Argentina’s merger control system with the rest of the world.