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[null,"Prepared By:","Contributors:"]
[null,"Guyer & Regules"]
[]
[]
[]
["Sustainability and Competition Global Practice Guide"]
[]
["Report Generated: 5/1/2025"]
[]
["View your report results on next tab"]

{"sheet":"Sustainability and Competition ","index":1,"n_rows":11,"n_cols":2,"rows_kept":11,"cut":false,"hidden":false,"merged":[]}
["Question","Uruguay"]
["Lex Mundi Sustainability and Competition Global Practice Guide"]
["Are ESG measures/sustainability agreements included in your jurisdictional competition regime?","No. The legal interest protected under \nLaw No.18,159 (“\nAntitrust Act”) is very clear and consists of the welfare of current and future consumers and users, through the promotion and defense of competition. Therefore, the antitrust agency’s analysis (“\nAgency”) should always be based on the \"consumer welfare standard\", i.e., consumer protection in the short term, and the \"aggregate welfare standard\" in the long term, without regard to unrelated environmental, employment or social planning standards.\nThe application of this standard can be seen in practice where the \nAgency has excused itself from ruling on issues unrelated to antitrust and in particular to the \nAntitrust Act protected legal interest. In this regard, under \nReport No. 56/011 of August 16, 2011, the \nAgency understood that it is not a matter of antitrust law to ensure full employment and that \"\nto demand otherwise would lead to conclusions as erroneous as they are absurd\".\n"]
["If ESG measures/sustainability agreements are not included in your jurisdictional competition regime, do you foresee any new regulations coming into place in 2022?","No. However, it should be noted that neighboring jurisdictions have begun to incorporate certain guidelines that may in the future potentially be adopted by the Uruguayan antitrust authority. In this sense, on May 2022, the Argentinian antitrust authority submitted for public consultation the draft amendment to the \nGuidelines for the Notification of Economic Concentrations established by Resolution No. 40/2001. Under said draft guidelines, the parties must “\nIndicate the benefits that the transaction has on aggregate variables such as employment generation, income, import substitution, investment, environmental protection, gender policies, among others” in relation to the benefits that the transaction may bring to the general economic interest, clearly introducing ESG matters to the analysis.\n"]
["Has your Authority issued any guidance on the role, if any, of ESG in the competition law analysis applied to mergers or other conduct?","No.\n"]
["Has your jurisdiction issued guidance regarding competitor collaborations or participating in industry working groups, and if so, do they specifically address ESG?","No.\n"]
["Can parties seek specific guidance from authorities on proposed ESG initiatives?","The \nAntitrust Act allows parties to seek guidance from the antitrust authorities on any question regarding the applicability of the \nAntitrust Act. Therefore, it would be perfectly feasible for parties to seek guidance on any proposed ESG initiative that they suspect could in any way raise questions under the \nAntitrust Act. However, judging by the wording of the \nAntitrust Act, its legally protected interest and some isolated precedents (See \"\nAre ESG measures/ sustainability agreements included in your jurisdictional competition regime?\"), we believe that the \nAgency would be quite reluctant to grant exceptions to the applicability of the \nAntitrust Act for ESG purposes, absent any specific legislation enforced to that effect in the future. \n"]
["How, if at all, does your jurisdiction quantify or calculate the ESG effects?","Not applicable. \n"]
["What does your legal authority currently permit even if your agency is not yet active on this topic?","We do not have sufficient precedents to answer this question but judging by the wording of the \nAntitrust Act, its legally protected interest and some isolated precedents (See our response to \"\nAre ESG measures/sustainability agreements included in your jurisdictional competition regime?\"), we believe that the \nAgency would be quite reluctant to grant exceptions to the applicability of the \nAntitrust Act for ESG purposes, absent any specific legislation enforced to that effect in the future. \n"]
["Are there precedents that involved ESG/sustainability matters in your country? If so please provide a short description.","No. On the contrary, as indicated in our response to \"\nAre ESG measures/sustainability agreements included in your jurisdictional competition regime?\", when the parties have tried to introduce ESG elements to the analysis, the \nAgency has argued that the subject matter is outside the scope of the \nAntitrust Act and its protected legal interest.\n"]
["Is there specific antitrust regulation in your jurisdiction to be aware of which might give rise to private or class action ESG litigation?","No. \n"]