Official statistics show that in recent years there has been a steep increase in operations with the potential to restrict or distort competition, which leads the authority to issue the objection reports provided for in the new Competition Act 27,442. These reports are intended to assess the competitive effects of the markets and involve the parties in strategies to mitigate said impact.
The transactions subordinated by the CNDC in recent times, anticipate that the scrutiny of the regulator merits an adequate planning of the structural or behavioral commitments that the parties could reasonably offer to the authority.
As an integral part of this careful analysis, the parties must evaluate the strategic role of supervision and reporting that the CNDC assigns to the monitoring agent in the context of complex transactions from the Disney/Fox case and that it may assign in future cases, and that finds normative support and practical experience in the background of the European Union.
Like any new institute, there are questions and challenges that the experience will help moderate, linked to the designation process of monitoring trustees, the scope of their tasks and their role in light of the remedies offered by the parties.