The Argentine Federal Court of Appeals decides that antitrust agency cannot issue preliminary injunctions (Shell / Argentina de Petróleo / YPF / Esso Petrolera)

In this decision, the Argentine Federal Court of Appeals on Civil and Commercial Matters, 3rd Chamber, reversed a preliminary injunction issued by the Argentine Secretary of Commerce, who is in charge of the application of Competition Law 25156. The injunction at stake established that oil companies Shell Cía. Argentina de Petróleo S.A., YPF S.A., and Esso Petrolera Argentina could charge for gasoline for aircrafts (aero kerosene) a maximum price of 2.7 % above ordinary gasoline. The injunction was based on the premise that the oil companies were incurring abuse of dominant position in the relevant market, and emphasized the price differential between ordinary gasoline and aircraft gasoline in the United States, which differential was smaller than in Argentina. The three companies

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Lucas Sebastian Grosman, The Argentine Federal Court of Appeals decides that antitrust agency cannot issue preliminary injunctions (Shell / Argentina de Petróleo / YPF / Esso Petrolera), 21 August 2012, e-Competitions August 2012, Art. N° 51798

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