The SIC for the first time did not convict a businessman to maintain a price published by mistake, or impose administrative sanctions, even though the authority declared a violation of consumer rights. The foregoing, by declaring partially proven all defenses of Autoamérica S.A. related to the evident human mistake and the abuse of consumer’s right.
The decision takes on relevance due to the change in case law and the authority’s stance related to: i) infringement of consumer rights, due to evident error in price publication; ii) the protective purpose of the Consumer Statute laws; iii) the concept of the average consumer; and, iv) the consumer’s reasonable expectation of acquiring goods at a lower market value.
Autoamérica S.A., was represented by OlarteMoure (Juan G. Moure, Juan Felipe Acosta, Isabela Jiménez G.)
