COMPARATIVE LAW EXPERIENCES: REFUSAL FROM SERVICE PROVIDERS 225 The answer does not appear to be straightforward and requires, at least, a brief analysis of the legal relationship that comes into existence once a client of a final service uses an intermediary to conclude such a contract. These are some of the hypothetical scenarios. 6. THE ARGENTINEAN ANTITRUST LAW (2018)19 Five changes in the Antitrust Law to consider while doing business in Argentina: • creates a self-regulated Antitrust Court entitled to impose sanctions, approve or prohibit economic concentration transactions; • update penalties for breaching antitrust laws: up to 30% of the volume of business involved in unlawful practices multiplied by the number of years; • creates a leniency program, adopting the “leniency-plus” approach; • establishes an ex-ante control system for economic concentrations, most widely adopted internationally; and • increases the thresholds to notify an economic concentration transaction, which will significantly reduce the number of operations subject to approval. On 24 May 2018, the new Antitrust Law No. 27442 (the Antitrust Law) entered into effect. On the same day, Executive Order No. 480/2018 (the Executive Order), whereby the President regulates certain core points of the new Law, was published in the Official Gazette. This event constitutes a major step toward the modernisation of the Argentine Antitrust System, which was initiated by the Government that took Office, in December 2015. The next step should be the creation of the new enforcing authority as provided for by the Antitrust Law. The reform rests on five main pillars: the creation of the Antitrust Enforcing Authority (the Authority), a decentralised and self-regulated entity within the Executive Branch – the Authority will be composed of: an Antitrust Court (which will be mainly in charge of imposing the sanctions set forth in the Antitrust Law, as well as approving or prohibiting economic concentration transactions), a Secretariat for the Investigation of Anti-Competitive Practices (which will be in charge of the investigation phase in cases involving violations 19 Argentina: New Antitrust Law No. 27442 by Esteban Ropolo. Baker&Mcckenzie, 2018.
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