The CNDC extends the use of the platform for the remote management of anti-competitive conduct proceedings, which is already used in merger notifications and requests for advisory opinions.

As established by Act No. 27.442 on Defence of Competition (LDC), anti-competitive practices are those whose object or effect is to limit, restrict or distort competition or market access, or which constitute an abuse of a dominant position in a market, in a way that may result in harm to the general economic interest. The investigation procedure to determine the existence of an anti-competitive offence may be initiated ex officio or on the basis of a complaint that may be made by any human or legal, public or private person.

Section 37 of the LDC establishes the requirements that a complaint must contain when it is filed before the National Commission for the Defence of Competition (CNDC):

• Name and address of the person lodging the complaint (complainant)

• The object of the complaint, stating it precisely (the anticompetitive conduct that is being denounced).

• The account of the facts underlying the conduct complained of, the evidence being the proof offered to substantiate those facts.

• The law on which the complaint is based, succinctly stated.

• The offer of the means of proof considered conducive to the analysis of the complaint.

Once the complaint has been filed, Section 35 of the LDC stipulates that the CNDC must summon the complainant to ratify it and the corresponding record must be drawn up.

According to Resolution SC 1046/23, with the implementation of Remote Procedures -Trámites a Distancia in Spanish (TaD) - for the initiation of proceedings for alleged anti-competitive conduct, any person with a fiscal code 2 will be able to file a complaint through this platform, virtually and remotely, avoiding having to go in person to the CNDC to submit the complaint, as was the case until now, prior to the implementation of this new remote modality.

To file a complaint, the complainant must follow the following steps:

1) Enter TAD (www.tramitesadistancia.gob.ar) with your CUIT - your Federal Administration of Public Revenues (AFIP, for its acronym in Spanish) identification number- and tax code level 2. In the case of a human being, enter with the DNI – National Identity Number- or CUIT corresponding to the person who will make the complaint. In the case of a legal entity, enter the CUIT of the legal entity making the complaint.
2) Start the procedure by entering "Presunta Conducta Anticompetitiva" (Spanish for “Alleged Anti-competitive Conduct) in the search engine and validate the data, which are requested to corroborate the identity of the complainant.
3) Complete the form by clicking on the appropriate button:
● Human Person
● Legal Person
4) Attach the appropriate documentation, which is mandatory in certain cases.
5) After completing the form and attaching the documentation, select “Confirmar Trámite" - Spanish for “Confirm procedure". This will automatically generate the file.
6) Once the file is created, go to the "Mis Trámites” (Spanish for “My Procedures”) tab and you will be able to track the procedure.
7) It is advisable to periodically enter the "Mis Trámites" section to check if there are any documents pending response and which have been generated by the CNDC.

To file a report of anti-competitive conduct, access the following link.

A manual with instructions on how to file a notification through the Trámites a Distancia (TaD) platform is also available, which can be found at this link.

Resolution SC 1046/23 which implements Trámites a Distancia (TaD) for the anti-competitive conduct procedure can be found at this link: Resolución SC 1046/23.