On August 18, 2020, by means of Resolution No. 231/2020 (the “Resolution”), the Secretariat of Domestic Trade implemented the Trámites a Distancia (“TAD”) remote platform for mergers and requests for advisory opinions under the Antitrust Law No. 27,442 (the “Antitrust Law”) and its predecessor. The Resolution provides that the following must be channeled through the TAD platform: (i) requirements and/or presentations related to files corresponding to ongoing proceedings relating to the notifications of mergers and/or requests for advisory opinions; and (ii) notification of new mergers and/or requests for advisory opinions.
The TAD platform was implemented by the Argentinean government in 2016 by means of Decree No. 1,063/2016 to allow administrative proceedings to be carried out by electronic means. In particular, the TAD platform allows the parties to access the file, make submissions, review ongoing proceedings and be notified of any orders or resolutions issued by the administrative authorities.
In this regard, documents and files generated in electronic form and those reproduced in electronic form from first-generation originals are considered originals and have the same efficacy and evidential value as their paper-based equivalents.
The Resolution will enter into force on August 26, 2020. It is expected that in the near future the enforcement authority of the Antitrust Law will issue additional, specific clarifications relating to the use of the TAD platform in connection with mergers and requests for advisory opinions.
