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Competition Law: The New Value of the Mobile Unit is published

As resolved by the Secretary of Domestic Trade, the new value of the Mobile Unit was published today in the Official Gazette equivalent to pesos eighty-three and forty-five cents ($ 83.45), effective as from February 3, 2022.

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In compliance with the provisions of the Argentine Competition Law No. 27,442 (LDC), through Resolution of the Secretary of Domestic Trade No. 35/2022 -RESOL-2022-35-APN-SCI#MDP- (Resolution 35/20 ), published today in the Official Gazette, the new value of the Mobile Unit (UM) was announced.

Article 85 of the LDC defined the UM as a unit of account and established its initial value at twenty pesos ($20). The same article 85 establishes that the value of the UM will be updated automatically every year, using the variation of the Consumer Price Index (CPI) published by the NATIONAL INSTITUTE OF STATISTICS AND CENSUSES (INDEC, for its Spanish acronym), a decentralized body in the field of MINISTRY OF ECONOMY.

Said mobile unit is used to define a series of values ​​established in various articles of the LDC. Mainly, the value of the UM is related to the determination of the thresholds for the notification of economic concentration operations (M&A) before the enforcement authority of the LDC (that is, when they must be notified or when they would be exempt from doing so), the maximum and minimum rates or notification fees that the enforcement authority could apply (which, to date, has never been applied by said authority) and the amounts of the applicable fines.

Resolution 35/22 considers that “the variation between December 2020 and December 2021 has been FIFTY AND NINETY-FOUR HUNDREDTH PERCENT (50.94%)”.

Consequently, applying said variation to the value of the UM that was in force for the year 2021 (which, to date, was $55.29), the value of the UM “for the year 2022 must be eighty-three pesos and forty-five cents ($83.45)”.