Unlocking Constitutional Fundamentals Of Argentine Competition Law And Policy

The purpose of this paper is to carry out an initial analysis of the constitutional aspects that have an impact and are based on competition law and policy in Argentina. Within this framework, we briefly analyse the different antitrust laws that governed our country during the last century. Then we make a brief analysis of the reasons why we consider that competition policy has had a pendular application in Argentina. We examine some norms and provisions contained in the National Constitution that impact and support the competition legislation in our country, as well as those norms contained in certain treaties that have taken constitutional status in our country since the last reform of 1994, and which directly affect Argentine antitrust law and policy. All of these, leads us to conclude that, although our Constitution contains a clear and solid economic model which serves as the basis and foundation for a healthy defence of competition in our country, the political and social reality of our country has reflected a serious lack of institutionality in the matter, notwithstanding the efforts made in recent years by the enforcement authority and the recent sanction of the new LDC that allows a moderate optimism about the future of antitrust enforcement in our country