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Competition and Antitrust

In the Anti-trust field our Law-firm has developed an extensive expertise covering both the obtainment of anti-trust clearances and the defence of anti-trust claims.

Regarding the former and as an example, we have obtained the anti-trust clearance in a wide range of business activities:

 

• medical centers,              
• electricity
• aluminium        
• oil and gas        
• auto-parts         
• chemicals          
• merchandising

With respect to anti-trust claims, we have represented clients acting in the following markets:

 

• soft-drinks,       
• tires     
• metals and minerals       
• broadcasting.


Special legal assistance related with antitrust investigations on the energy sector.

Defense of Competition in International Trade

ABELEDO GOTTHEIL ABOGADOS S.R.L. is a pioneer in the defense of foreign exporters' interests, who are investigated for presumed unfair practices, through antidumping proceedings, safeguards and subsidies developed under the Argentine legislation, mainly similar to that contained in the GATT and W.T.O. Agreements. In connection with this activity, we have had the chance of getting in touch not only with foreign producers, but also with foreign business organizations, economic auditors and consultants and important law firms of USA, Canada, Mexico, Brazil, Chile, Uruguay, the European Union, and more recently, the People's Republic of China.

Among the most relevant cases we can mention:      

• We actively participated in an important investigation, in the defense of the common interest of paper and cellulose producers in Brazil, gathered in the Cellulose and Paper Producers Association, originated in a denounce by Argentine producers of cloaked bristol board containers for the bottling of beverages in general. Said investigation ended with the imposition of minimum antidumping duties, and we succeeded in completely neutralizing the commercial and economic effects of the investigation.

• We were entrusted with the defense of one of the main Brazilian manufacturers of cables with aluminium core or “soul”, fit for electric transmissions (ALCAN ALUMINIO DO BRASIL), obtaining the exclusion of our client from the antidumping penalties adopted by the Argentine Republic against the other Brazilian manufacturers.             

• We acted also in the defense of one of the main Brazilian manufacturers of paper and cellulose (CELUCAT S.A., of KLABIN Group), in an investigation on the importation of bags to pack cement, coming from Brazil and South Africa-. As in the previous case our represented party was the only one excluded from the imposition of antidumping penalties.

• We acted in the defense of the interests of the main Brazilian manufacturer of household appliances (ELECTROLUX DO BRASIL S.A.) in an investigation for presumed dumping filed against the importation of washing machines coming from Brazil, Spain and Italy. On 02/27/02 the authorities resolved to exclude our client from the imposition of antidumping duties in connection with the Brazilian manufacturers.

• We represented ELECTROLUX DO AMAZONIA SRL in an investigation for presumed dumping in the imports of air conditioning equipment coming from China and Brazil. On 08/06/02 the Ministry of Production resolved to exclude our represented party from the investigation.      

• In the same preceding investigation, we represented two Chinese companies -Hisense Air Conditioner Ltd and Hisense Import & Export Co. Ltd.- At the end of the investigation, in spite of the fact that the Argentine authorities decided on the adoption of antidumping measures against the generality of Chinese exports, they expressly excluded our represented party from said measures, who proved to be harmless. In the history of antidumping proceedings in the Argentine Republic, this was the first case in which a Chinese company was exempted from the imposition of antidumping duties, after the end of an investigation of this nature.

• At present, we are participating in important cases, in the defense of the interests of exporters of the People's Republic of China.


Our experience in Safeguards ans Subsidies

• During the last two years we have had a special participation in the rendering of legal advice to foreign producers and Argentine importers on the legal requirements that should be adopted in connection with the “safeguards” mentioned above, through price contracts with local producers, approved by the Argentine authorities.    

• Likewise, during the last few years, we have rendered legal advice to national producers in investigations of subsidies carried out abroad.

• In due time, we have acted in the defense of one of the main Japanese companies, within the framework of a safeguards proceeding for the importation of motorcycles.

Av. Eduardo Madero 1020, piso 5 | C1106ACX - Buenos Aires - Argentina | (5411) 4516-1500 | estudio@abeledogottheil.com.ar
Abeledo Gottheil Abogados