Key Development in Competition Law in Argentina

A New Milestone in Competition Law: Decree 803/2025 Accelerates the Implementation of the National Competition Authority

By Sofía Piris

On November 13, 2025, Decree 803/2025 (“Decree”) was published, amending the regulations of Competition Law No. 27,442 (“LDC”) and marking a turning point for the antitrust regime in Argentina.

The Decree—replacing Articles 18 and 28 of Decree 480/2018, which regulates the LDC—establishes that the National Competition Authority (“ANC”) will begin exercising its functions immediately upon its formation, eliminating the previous 60-day period that delayed its operability.

This is not merely a technical adjustment: it is a decisive step toward the effective institutionalization of the authority and, through it, the implementation of a “pre-closing” system for merger control, which will transform market dynamics and corporate transactions in the country.

Specifically, the Decree introduces substantial amendments to the regulation of the LDC. First, it replaces Article 18 of Decree 480/2018 and provides that the ANC will begin exercising its functions immediately after its formation, eliminating the sixty-day period established by the prior regulation. The ANC will be considered formally constituted upon the appointment of its President, the first two members of the Competition Tribunal, and the Secretaries in charge of the investigative bodies, enabling the authority to operate without delay.

Additionally, it replaces Article 28 of Decree 480/2018 and establishes that the Competition Tribunal will commence its functions immediately once the Authority is constituted. The new text requires the Tribunal to adopt its internal regulations and the rules necessary for its functioning, and subjects its management to oversight by the National General Auditing Office (AGN) and the National Comptroller General’s Office (SIGEN). It also introduces, for the first time, an explicit mandate for institutional transparency, requiring the ongoing publication of information relating to resources, expenditures, procurement, and appointments.

All these amendments are complementary to a series of previously enacted Resolutions, in particular Resolution 119/2025 (published on May 6, 2025), Resolution 93/2025 (published on April 16, 2025), Resolution 514/2025 (published on April 24, 2025), and Joint Resolution 1/2025 (published on March 14, 2025).

These regulatory modifications mark a further step toward the establishment of the ANC and the adoption of a “pre-closing” system applicable to the merger notification regime. With this, Argentina moves closer to abandoning the currently applicable “post-closing” framework—which allows transactions to be notified after completion—in favor of a prior-authorization model aligned with international best practices.

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[4] Available at: https://www.boletinoficial.gob.ar/detalleAviso/primera/324370/20250424
[5] Available at: https://www.boletinoficial.gob.ar/detalleAviso/primera/322540/20250314