Argentina's
government Monday began the process of auctioning off media licenses and
related assets held by the media conglomerate Grupo Clarin SA. The move, which
government officials say should take about 100 business days to complete, comes
after a lower court judge ruled Friday that a three-year-old media law
requiring Clarin to be dismantled is constitutional.
Early morning Cristina Fernandez administration official
visited Clarin to inform them the process of auctioning licences had started
“We notified Clarin that the auction process has begun. The law is
constitutional, and it is in full effect,” said Martin Sabbatella, who was
appointed by Argentine President Cristina Fernandez to enforce the law.
Earlier Monday, Clarin appealed the ruling to a federal
appeals court. In a statement, Clarin accused the government of violating other
court decisions by starting the auction process.
Clarin noted the same federal appeals court recently said
the company would have one year to comply with the law even it were found
constitutional. Clarin also said that because it appealed the ruling, the
decision automatically would be suspended until it has been confirmed or
rejected by a higher court.
Marcela Basterra, a constitutional law professor at the University
of Buenos Aires, said the
government's action Monday was primarily political.
“The government is doing this for political reasons because,
legally speaking, it has to wait for a decision on this matter from the appeals
court before it can act,” Mrs. Basterra said. “In reality, this case is going
to end up in the Supreme Court, and only then will it be resolved.”
Mrs. Basterra said the lower court's ruling isn't binding
because it has been appealed. She said the Supreme Court eventually will have
to decide whether the law is constitutional and how much time Clarin has to
comply with it.
“The majority of constitutional scholars think the one-year
period will come into effect only if the law has been definitively declared
constitutional by the Supreme Court,” she said.
Mr. Sabbatella disagrees and has said repeatedly that the
one-year divestment period has expired already, meaning the government is right
to enforce the law immediately.
Monday's developments are the latest in an intense and
public battle between Clarin and President Cristina Fernandez, who accuses the
company of being a coup-mongering monopoly that tries to topple her government.
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