The forced divestment order originated in December 2016 when the former ENARGAS regulatory agency cited Article 34 of Law 24.076, which prohibits gas producers from holding controlling stakes in distribution companies to prevent preferential pricing arrangements that could inflate consumer tariffs through pass-through mechanisms. YPF had acquired indirect control of Metrogas in 2012 through stakes in Gas Argentino S.A. and Metroenergía S.A., transactions initially approved by regulators and competition authorities. The regulatory environment shifted in 2016 as authorities anticipated market normalization and the restoration of free price negotiation between producers and distributors.
YPF challenged the order and hired Citibank to arrange a sale, but macroeconomic turbulence beginning in 2018 halted the process. The Economy Ministry now argues that the Plan Gas.Ar subsidy framework—which structured 68 percent of average national gas production between January 2024 and March 2026—eliminates the conditions that justified the original divestment mandate. Under Plan Gas.Ar, the Energy Secretariat controls volumes, buyer allocation, and pricing through public auctions and regulated tenders. Official technical reports cited in Resolution 1469/2026 confirm that Metrogas made no spot purchases from YPF outside the regulated scheme during 2024 and 2025.
Edenor, Argentina’s largest electricity distributor with 3.4 million customers in northern Buenos Aires, is controlled by businessmen José Luis Manzano, Daniel Vila, and Mauricio Filiberti. The acquisition would consolidate control of critical electricity and gas infrastructure in the Buenos Aires metropolitan area under a single private consortium. The Ministry justified the suspension by stating that abrupt execution of the divestment order could jeopardize service continuity and universality, affecting “the general welfare and fundamental human rights of the population.” The regulatory paradox is that protection measures against vertical integration were suspended precisely as control shifted from state-owned YPF to private operators.
This article was curated and published as part of our South American energy market coverage.



