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Law that Extends Consumer Protection

In Panama, Acodeco will be able to decide on warranty complaints without going to court, when dealing with products worth up to $5,000 and in the case of vehicles, up to $30,000.

Monday, February 26, 2018

The Authority for Consumer Protection and Defense of Competition (Acodeco), reported that on February 22 a law came into force which is "... Law 14 of February 20, 2018, which extends the rights of consumers and increases the amount on which the Authority has competence to rule on complaints, up to B /.5,000.00 and for motor vehicles up to B /. 30,000.00. This allows a significant number of consumers, whose cases could not be resolved directly, had to take their claims to the Courts to obtain a decision."

For the specific case of vehicles, he adds that " ...The law provides that, if on the 61st day that a car under warranty being in the workshop, and it has not yet been repaired, the economic agent has the obligation to provide a vehicle of similar characteristics to the consumer for their use, while they await for delivery of their repaired car. In the event that on the 105th day the motor vehicle under warranty has still not been repaired, the supplier will have to replace the vehicle with a new one, as long as it is damage that is preventing its safe use. "

In relation to vehicle warranty, Óscar García, administrator of Acodeco, told Prensa.com that "... 'there are cases in which customers have waited months or years for the repair of their vehicle because the part has not been found, meanwhile these consumers are without a car and frequently paying off a loan to the bank."

 

https://www.centralamericadata.com/en/article/main/Law_that_Extends_Consumer_Protection

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Posted (edited)

ACODECO has fined Cerveceria Nacional (Balboa, Atlas, Pepsi-Cola) and it's subsidiaries $50,000 for monopolistic practices.

By judgment of 30 November 2017, the Third Superior Court of the First Judicial District of Panama, confirms the Judgment No. 109-15 of 22 December 2015 of the Ninth Civil Circuit, in which it is stated that the economic group formed by CERVECERÍA NACIONAL, S.A. AND ITS SUBSIDIARIES DISTRIBUTOR COMERCIAL S.A., refreshments, S.A. AND FINANCIAL PASADENA, S.A. (merged with National Drinks, S.A. surviving this last), engaged in monopolistic practices, in accordance with the provisions of articles 5 and 14, paragraph 4, both of the Law 29 of 1 February 1996, now articles 7 and 16, paragraph 4 of the Law 45 of 31 October 2007.

Violations of the rules of competition originated in response to the economic group, in the exercise of its substantial market power, raised barriers to entry in the channel of distribution of the product called beer, and/or prevented the permanence and entry of their only direct competitor, a shift in drug abuse characterized as illegal when there is a sale or transaction subject to the condition not to use or acquire, sell or provide the goods or services produced, processed, distributed or marketed by a third party.

It further declares, that the violations to the law produced their effects on the market, with the conclusion of contracts for the supply of beer conditioned with covenants of exclusivity, which were presented in different modalities including the figure of the loan, with exclusivity clauses with regard to the sale of the product beer of the defendant; monopolistic practices that are defined as illegal, therefore prohibited, in accordance with the laws of competition in Panama.

In accordance with the judgment issued by the Third Superior Court of Justice, and once enforced the same, ACODECO, through the National Directorate of Free Competition, imposes the maximum administrative sanction for monopolistic practices, as indicated in the prior law 29 of 1996, in the amount of B/. 50,000.00.

http://www.acodeco.gob.pa/acodeco/view_noticias.php?id_noticia=1324&pagi=0

Edited by Keith Woolford

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On 5/9/2018 at 9:34 AM, Keith Woolford said:

ACODECO has fined Cerveceria Nacional (Balboa, Atlas, Pepsi-Cola) and it's subsidiaries $50,000 for monopolistic practices.

By judgment of 30 November 2017, the Third Superior Court of the First Judicial District of Panama, confirms the Judgment No. 109-15 of 22 December 2015 of the Ninth Civil Circuit, in which it is stated that the economic group formed by CERVECERÍA NACIONAL, S.A. AND ITS SUBSIDIARIES DISTRIBUTOR COMERCIAL S.A., refreshments, S.A. AND FINANCIAL PASADENA, S.A. (merged with National Drinks, S.A. surviving this last), engaged in monopolistic practices, in accordance with the provisions of articles 5 and 14, paragraph 4, both of the Law 29 of 1 February 1996, now articles 7 and 16, paragraph 4 of the Law 45 of 31 October 2007.

Violations of the rules of competition originated in response to the economic group, in the exercise of its substantial market power, raised barriers to entry in the channel of distribution of the product called beer, and/or prevented the permanence and entry of their only direct competitor, a shift in drug abuse characterized as illegal when there is a sale or transaction subject to the condition not to use or acquire, sell or provide the goods or services produced, processed, distributed or marketed by a third party.

It further declares, that the violations to the law produced their effects on the market, with the conclusion of contracts for the supply of beer conditioned with covenants of exclusivity, which were presented in different modalities including the figure of the loan, with exclusivity clauses with regard to the sale of the product beer of the defendant; monopolistic practices that are defined as illegal, therefore prohibited, in accordance with the laws of competition in Panama.

In accordance with the judgment issued by the Third Superior Court of Justice, and once enforced the same, ACODECO, through the National Directorate of Free Competition, imposes the maximum administrative sanction for monopolistic practices, as indicated in the prior law 29 of 1996, in the amount of B/. 50,000.00.

 

 

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Panama: Brewery Appeals Fine

Stating that there are enough elements to reduce the amount, the National Brewery has appealed the fine of $50 thousand imposed by Acodeco, after it was accused of alleged monopolistic practices.

Thursday, May 17, 2018

Following the Acodeco's decision, through the National Directorate of Free Competition, to impose the maximum administrative penalty for monopolistic practices of $50 thousand on Cervecería Nacional, the company has filed an appeal in which it requests that the amount of the established fine be modified.

See "Alcoholic beverage market in Central America"

For its part Acodeco reported that " ... at the time of establishing the sanction, the process was 'moderate and fair', and the factors to determine the amount of the fine were: the seriousness of the fault, the size of the company, if there is recidivism and any other aggravating or mitigating circumstance to the anti-competitive act, where it can not be overlooked that the violation of the norm was carried out by an economic group made up of four companies."

See also "Production of alcoholic beverages grows 5%"

An article in Laestrella.com.pa adds that " ... in order to determine the sanction, the legal personnel took into account Law 29 of February 1, 1996, which was in force at the time when the anti-competitive conduct took place, whose maximum penalty for this type of behavior is $50,000, an amount that does not satisfy the market restriction that the company Cervecería Nacional and its subsidiaries committed."

 

https://www.centralamericadata.com/en/article/main/Panama_Brewery_Appeals_Fine

 

 

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ACODECO levies $41,000 in Fines to  Restaurants for Non-Compliance with Jubilado Discount Regulations

 

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