The Secretariat of State Transformation and Public Service jointly with the Secretariat of Industry and Trade issued, by means of the Joint Resolution No. 1/2025, a new regulation amending the qualifications and background public contest process to select the members of the National Competition Authority of Argentina (the “Regulation”).
The Regulation, published in the Official Gazette on March 14, 2025, replaces the Joint Resolution No. 1/2019 issued by the former Secretariat of Public Employment and the former Secretariat of Trade, with the aim of ensuring the principles of equality, competition, transparency, efficiency, and procedural economy in the selection process of the National Competition Authority’s members.
The Regulation establishes the details of the selection process for the President and the Commissioners of the Defense of Competition Tribunal, the Anticompetitive Conduct Secretariat, and the Economic Concentrations Secretariat. These positions will be filled through a qualifications and background public contest in accordance with Law No. 27,442 (the “Antitrust Law”) and shall jointly comprise the National Competition Authority.
Once the National Competition Authority is established, it will become the enforcement authority of the Antitrust Law, while in turn the National Commission for the Defense of Competition (the “CNDC”) will cease its activities as the technical assessment agency of the Industry and Trade Secretariat, which is currently the transitory enforcement authority of the Antitrust Law.
The establishment of the National Competition Authority is very relevant for antitrust enforcement in Argentina, not only because it will finally entail the creation of a more independent, technical, and well-resourced authority but also because the ex ante and suspensive merger control regime will become effective one year after its establishment.
On the other hand, Alexis Pirchio resigned from his position as President of the CNDC. Pirchio had been acting as the CNDC’s President since January 30, 2024, and remained in office until March 14, 2025, date on which his resignation became official. It is expected that the President of Argentina will appoint a new President to the CNDC.
