What the program to combat anti-competitive behavior by companies is about

What the program to combat anti-competitive behavior by companies is about

The National Government regulated the Clemency Programa figure that grants the benefit of exemption or reduction of fines to those people, human or legal, who recognize anti-competitive conduct before the National Commission for the Defense of Competition (CNDC).

The measure was known in the middle of the fight with the companies of prepaid medicine for the return of fees collected in excess in the first five months of the year and how they will be updated thereafter.

“This tool is provided in theto Law 27,442 on the Defense of Competition, in force since 2018. As of Resolution 98/2024 of the Ministry of Industry and Commerce, the Clemency program becomes regulated and in force,” stated the portfolio headed by Pablo Levigne.

As indicated “the Clemency grants the possibility for companies to reduce sanctions for their conduct that is detrimental to competition, such as the formation of cartels and abusive price agreements, if they report and collaborate with the CNDC in the investigation of said practice.” .

The figure resembles the law of “repentant” which allows the penalty for the crime committed to be reduced if the person collaborates with the case.

During the last negotiations, The Government refused to nullify the complaints of cartelization that it made after the latest increases ordered by the companies.

“Clemency”: cases in other countries

Clemency programs are applied in countries such as Mexico, Brazil, Uruguay and Spain, where this measure has existed for more than 20 years.

Commerce maintained that “in Latin America, for example, 47% of cartel investigations began thanks to Clemency programs, according to a study by the Organization for Economic Cooperation and Development (OECD).”

“A specific case is that of Brazil, where after the regulation of the Clemency benefit in 2000, in civil, commercial and administrative matters, the detection of cartels increased significantly. Of 60 cases analyzed between 2015 and 2019, 36 came from Clemency programs“, detailed the secretariat.

Source: Ambito

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