69 communications-based regulatory body can address only issues related to television, radio, internet, and telecommunications. Rather than operating on its own, ENACOM should both look to and, if possible, work alongside the ANC, the decentralized and autarkic body created for the sole purpose of defending competition. The primary issues with Grupo Clarín stem not from illegal licensing or broadcasting, but from anticompetitive practices. The CNDC currently is the primary body that deals with antitrust issues, but it is outdated. The creation of the ANC was included in Law No. 27,442 for the purpose of updating competition regulations and practices, and President Fernández should return his focus to the creation of the ANC after Argentina’s COVID-19 issues are solved. ENACOM was not meant to deal with antitrust-related issues, so fostering a working relationship between ENACOM and the ANC would be beneficial to all parties. Furthermore, investigations should be conducted into Grupo Clarín and other large or medium-sized media companies to ensure there are no breaches of the current antitrust laws or their impending amendments. Because both regulatory bodies are and will be relatively new, a thorough renewed investigation would either legitimize or punish media groups for previous or future mergers and acquisitions. If anything illegal is uncovered in the investigation, ENACOM and the ANC should sue the appropriate company, similar to the Federal Trade Committee’s decision to sue Facebook for illegal monopolization in the United States. Finally, ENACOM and the ANC should encourage the growth of small independent news and media outlets. Much like the Audiovisual Communication Services Law passed under Fernández in 2009, the two bodies should work to grant funds to independent audiovisual outlets, whether from the government or a different source. If the goal of ENACOM is truly to regulate media and communications, and if the goal of the ANC is truly to defend competition, both encouraging the growth of smaller outlets that abide by the laws and keeping large conglomerates in check seem the most logical solutions.
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