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Argentina: Court rules in favor of Cablevision, limiting Competition authority powers

By  |  April 21, 2015

Argentina’s Supreme Court has ruled in favor of the companies Cencosud and Cablevisión, thus invalidating the sanctions imposed on both companies by the Competition Defense Commission. The court has ruled that the agency lacks the necessary powers to impose judicial sanctions without the involvement of the Competition Tribunal, which has yet to be fully ratified after over a decade.

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    The commission had issued orders to several clothing retailers, shopping malls and banks, among others, forcing them to maintain discounts offered on certain products. The commission also set limits to how much Cablevisión can charge it’s customers and ordered a retroactive refund of any excess fees collected.

    The affected companies presented their objections before the supreme court, which considered that said orders count as Cautionary and judicial measures, which cannot be issued by the CDC alone. The court highlighted the clear separation between the commissions investigative, advisory and instructive roles and the judicial resolutions, which currently belong to the Ministry of Commerce.

    Full content: La Nación

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