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Amendments to the Spanish Unfair Competiton Act and its Influence on other Spanish Legislation - Spa

  1/26/2014
Taking up the jurisprudential criterion which requires it, an unique system for the Unfair Competition Act and the General Advertising Act is created for actions and remedies against any commercial practice detrimental to the economic interests of consumers, while not relinquishing specific regulation of advertising and without impairing the special authority established in the latter in connection with illicit advertising using a degrading or discriminating image of women, ultimately repealing Part IV of the General Advertising Act.

This legislation introduces major amendments into the Consumers and Users Protection Act, making it clear that entrepreneurs’ commercial practices targeting consumers are governed exclusively by it and the Unfair Competition Act, and entrepreneurs or professionals cannot be made subject to obligations, demands or prohibitions other than those in these provisions, although it does make this general system compatible with a number of specific regulations, for example in connection with financial services or real estate. 

The Consumers and Users Protection Act now includes the obligation to inform consumers of commercial practices which include data on the features of the goods or service and their price, enabling a consumer or user to reach a decision about contracting it and, among other questions, specifically regulating price information to adjust it further to the demands in the regulation on the information which must be provided in commercial practice.

Finally, unfair commercial practice is classified as a consumer breach, although this provision does not have effect in assigning or modifying administrative jurisdiction attributed by state or regional regulation to other public sector Administrations.

And Act No. 29/2009 amends the Retail Trade Organization Act to adjust regulation on promotional selling to the provisions in the Directive, maintaining the substantive regulation on the ordering of commercial activity, with express reference to the Unfair Competition Act in dealing with its effect upon the legitimate economic interests of consumers.

Tags:Amendments Law Rights 




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