Latest Changes To The Argentinean Fair Trading Law

Author:Ms Paula Fernandez Pfizenmaier (PAGBAM IP)
Profession:Global Advertising Lawyers Alliance (GALA)
 
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Since the Argentine Executive issued Emergency Decree No. 274/2019, material changes on aspects concerning advertisements, comparative advertisement, unfair competition and the administrative procedure for sanctions were introduced amending the prior regime of Fair Trading Law No. 22,802.

The Decree prohibits deceptive advertising and regulates aspects related to the organization of contests and sweepstakes. It also prohibits the pre-control of advertisements, establishing the possibility of a post control audit by the Authority.

Furthermore, the Decree defines comparative advertising without prohibiting it, provided that it meets the conditions stipulated in the regulation itself, i.e. it is not misleading or deceptive; the comparison is objective; its goal is to inform the consumer of the advantages of the goods/services being promoted and it does not try to gain an undue advantage from the reputation of others.

Resolution No. 248/2019 appointed the Fair Trading Agency (controlled by the Secretariat of Domestic Trade), as the controlling and supervisory authority under the Decree, in charge of conducting the relevant administrative proceedings. This agency will receive the complaints, carry out the investigation and draft a proposal of sanction on the infringer of the Fair Trading regime, which will be considered by the Secretariat of...

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