By means of Decree No. 803/2025, published on November 13, 2025 in the Official Gazette, the National Executive Branch introduced amendments to the regulatory framework of Law No. 27,442 on Competition Defense, replacing Articles 18 and 28 of Decree No. 480/2018 (the regulatory decree of Law No. 27,442).
The purpose of Decree No. 803/2025 is to ensure the immediate operationalization of the National Competition Authority (“ANC”) and the Competition Defense Tribunal (“TDC”), thereby preventing delays in the commencement of activities by these bodies once they are constituted.
It is worth noting that the establishment of the ANC and the TDC has remained pending since the enactment of Law No. 27,442 in 2018.
Although procedures were initiated at that time for the selection of their members, such processes did not culminate in the formal constitution of the respective bodies. Nevertheless, it is foreseeable that the current process—initiated through the Public Competition convened by Resolution No. 119 dated April 30, 2025, issued by the Secretariat of Industry and Trade of the Ministry of Economy for the appointment of the senior authorities of the ANC—will yield successful results.
Against this backdrop, the Decree provides for the immediate commencement of the functions of the ANC and the TDC upon their constitution.
Under the previous regime set forth in Article 18 of Decree No. 480/2018, the ANC was deemed legally constituted once its principal authorities—the President, two members of the TDC, and the investigating Secretaries for Anticompetitive Conduct and Economic Concentrations—had been appointed. However, the authority was not to commence its functions until sixty days after such constitution.
Decree No. 803/2025 abrogates this interim period and establishes that the ANC shall commence the exercise of its functions immediately upon the appointment of its principal authorities.
The Decree likewise replaces Article 28 of Decree No. 480/2018, which had provided that the TDC would assume the majority of the functions established in Article 28 of Law No. 27,442 sixty days after its constitution. The amended provision now stipulates that the TDC shall begin exercising all functions set forth in Law No. 27,442 immediately following the constitution of the ANC.
It should further be noted that, pursuant to Article 36 of Law No. 27,442, statutory deadlines are computed in business days. As a result, the amendments introduced by Decree No. 803/2025 effectively eliminate an interim period that could otherwise extend to nearly four calendar months.
Moreover, the Decree states that continuity in administrative management will contribute to safeguarding free competition and protecting the general economic interest, while preventing the suspension of ongoing proceedings.
Finally, it should be emphasized that the Decree has been in force since its publication in the Official Gazette and is therefore fully applicable as of November 13, 2025.
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