The Competition Commission has released, for comments, a first draft of the Abuse of Dominance Guidelines.
The purpose of these guidelines is to summarize the criteria that the Commission (and eventually the new Antitrust Authority to be created in accordance with the New Competition Law Nbr. 24,772) will follow for purposes of analyzing those abuse of dominance cases that it may have to investigate.
Like any other type of guidelines, these guidelines are not binding for the authorities. They just give to the private sector a clearer picture of how the authorities will enforce the antitrust law.
The guidelines include precisions on what is a dominant position, when such dominant position may be abused and how the general economic interest may be affected by such abuse. They also analyze in detail some specific forms of abuse, such as abusive and predatory pricing, price discrimination, tying, refusals to deal, resale price maintenance, exclusivities and discounts.
e the comments from the private sector are received and processed, the Secretary of Commerce may publish the final version of the guidelines. This is expected to take place before the end of the year.