The Argentinean Federal Court of Appeals rules that the antitrust agency fails to have capacity to grant injunctive relief (Moda)

The Argentine Government has yet to appoint the Tribunal for Defense of Competition (TDC) as set forth by the Law 25.156 [1] for the Defense of Competition (LDC). Article 58 of the LDC provides that the cases under investigation, and those others brought until the organization of the TDC, shall be handled by the National Commission for the Defense of Competition (CNDC) [2]. Once the TDC is appointed the CNDC shall assign all cases to the former. A few years have passed since the enactment of the LDC. However, since the TDC has not been appointed, the scope of the authority of the CNDC to handle cases has been questioned several times. The issue finally came to the Supreme Court of Argentina (SCA) in the Moda case [3]. The SCA ruled that the authority of the CNDC in accordance

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Miguel Angel De Dios, The Argentinean Federal Court of Appeals rules that the antitrust agency fails to have capacity to grant injunctive relief (Moda), 29 October 2011, e-Competitions Interim measures, Art. N° 53117

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