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OCU awaits details of the future entity that defends consumer rights
25 ene. 2017According to information published in the media in recent days the Government and Citizens are finalizing the details of an agreement that would completely transform the current CNMC. Specifically they suggest the division of the same into two independent entities, one with supervisory and regulatory tasks and the other would monitor the competition rules of the market and ensure the interests of consumers. This model is also a request from Brussels for years and also in Spain OCU has been demanding the Government to create an independent state agency that focuses on consumer protection for some legislatures.
OCU asks the government to take into account the demands of consumers in the creation of this independent body. To date, Spanish consumers do not have the effective tools, nor the protection of a body that ensures respect for their rights or sanctions in case of breaches.
For OCU it is fundamental that:
- The scope of powers of this new entity must be State and centralized in those cases where alterations or certain actions may alter the free competition of the market, either at the national market level or in a supraautonomic area. Even though the powers to defend competition must be carried out in the territory of any of the Autonomous Communities.
- Have powers of investigation and sanction.
- Define compensation for damages suffered by consumers, since it is no good to impose fines on violators if consumers are not compensated adequately for damages. At the same time, in competition cases, due to the large number of consumers harmed, and sometimes also to the level of damage itself, it seems appropriate to establish collective compensation mechanisms.
- Effective sanctioning regime, OCU understands that it is the moment finally to recover the sanctioning regime in the matter of consumption, adapting it to the principle of sanctioning legality as demanded by the Constitutional Court, and what is equally important, graduating it correctly, establishing As a criterion of graduation the economic damage caused, as well as the own turnover of the companies, so that the sanctions have a really deterrent effect.