Decree  No. 749/2024 , which regulates the Large Investment Incentive Regime (RIGI), includes a series of relevant aspects linked to the regulation of competition defense.

– Its article 47, paragraph h) establishes, in line with the provisions of article 176, paragraph h) of Law No. 27,742, that the application for adhesion to the RIGI must include a sworn declaration that the RIGI Project will not distort the local market.

Such statement must be supported by a technical study carried out by a lawyer or economist with technical knowledge in competition defense and must include, as a minimum (i) the description of the product or service to be offered; (ii) the definition and projection of the probable evolution of the relevant market(s); (iii) the identification of the participants in the market(s) under analysis that could be affected by the project and (iv) an analysis of the positive and negative aspects that the projected investment could have in the relevant market.

– Article 52 establishes that failure to include the elements referred to in the preceding paragraph will lead to the rejection in limine of the application for accession.

– Once the technical study has been submitted, the Enforcement Authority may request the National Commission for the Defense of Competition to issue a non-binding opinion.

For more information contact:

Gustavo Papeschi  | Partner at Beccar Varela |  gpapeschi@beccarvarela.com