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transmission of institutional messages neither will be taken in account. Inserted promotions should not disturb the vision of the programs, or occupy more than a sixth of the TV screen; and when a sport program or show is repeated, will be able to maintain the advertising inserts included in the original transmission. Additionally two more Providences were enacted. One regarding the broadcasting of musical works, which develops the dispositions regarding the broadcasting of Venezuelan, Venezuelan tradition, Latin American and Caribbean works. It defines each one of these works and the percentages of diffusion of each one of them. The second one, about the conditions for the Radio and TV service provision, develops the dispositions about the audio intensity, transmission of the National Anthem, programming hours and the warranty for a responsible selection of programming. 7. Case Report Topic: Decision N° 608 of the Andean Community “Regulation for the Protection and Promotion of Free Competition in the Andean Community” Who: Andean Community When: March 29 th , 2005 Where: Lima – Perú. What Happened: The Commission of the Andean Community (members countries are Venezuela, Colombia, Perú, Bolivia and Ecuador) in order to watch for the integrity of the benefits achieved in the Andean Integration Process, decided to substitute the Decision N° 285 of the Commission of the Cartagena Agreement “Regulation to Prevent or Correct Distortions in Competition, Generated by the Restrictive Practices against Free Competition” from 1991, for the Decision N° 608 of the Andean Community “Regulation for the Protection and Promotion of Free Competition”. It is important to emphasize that the said Andean Normative applies only to the conducts that take place in one or more Member Countries and whose effects are produced in one or more Member Countries; or in the territory of a Non Member Country and which real effects are produced in one or more Member Countries In consequence, when the origin and effect of the conducts are produced only in the territory of a country, as well as in those cases not included in the Decision, the national legislation will apply. In the specific case of Venezuela, the applicable national regulation is the “Promotion and Protection of Free Competition Act” (PROCOMPETENCIA Act) of 1992; the Commercial Code of 1919; the Paris Convention and the Decision N° 486 of the Common Regime about Industrial Property in the Andean Community, in the matters of unfair competition related to Industrial Property. The Decision N° 608 is a more complete and more elaborated legal text than the former Decision N° 285, even though it only refers to restrictive practices to the free competition, and nothing about unfair competition. For example, when it defines the concepts of “conduct”, “act”, “agreement”,
“economic agent” and “related persons”, all of them tightly related to this matter. It also establishes the principles of non-discrimination, transparency and duly procedure, as the base of all competition regulation, both community and national of each Member Country. It also creates the Andean Committee of Defense of Free Competition, and a chapter that pretends to guarantee the promotion of Free Competition in the sub regional market. In relation to the determination of the conducts restrictive of the Free Competition, the dispositions are similar to the ones already adopted by the Decision N° 285. In consequence, it presumes restrictive those agreements that pretend: i) the fixation of prices and other commercialization conditions; ii) restriction of the supply and demand; iii) sharing of the market; iv) impede the access or permanency of competitors in the market; v) establish positions in biddings and public auctions. Additionally, it establishes the conducts that makes one presume the abuse of a dominant position: i) fixation of predatory prices; ii) fixation of the exclusive distribution; iii) subordination of contracting to the acceptance of supplementary provisions; iv) adoption of unequal conditions for the same economical agents, placing them in competitive disadvantage; v) unjustified negative to satisfy buying demands, or accept sale offers; vi) incitation to third parties, to the non acceptance of delivery of goods or the service provision, or not selling raw materials; vii) those conducts that impede the access or permanence in the market for different reasons than the economical effectiveness. Among the most important aspects of the Decision N° 608, are the new procedure and the possibility of soliciting precautionary measures. The procedure is innovative in the following aspects: • Now, the initiation of the investigation can be requested, not only by who have legitimate interest or the national integration organisms of the Member Countries, but by the request of the National Competent Authorities in the matter of Free Competition. The General Secretary of the Andean Community also can initiate the investigation. • The General Secretary of the Andean Community is in charge of completing the procedure for the initiation of the investigations of the restrictive practices of Free Competition. • Is established a 15 days lapse for the Secretary to determine the fulfilling of all the requirements; 15 days, deferrable for 5 more days, for completing the request; and 15 days for the Secretary to pronounce about the initiation of the investigation. • Previously, 10 days was granted for the devolution, and the same amount of time for completing it. • The Secretary has 5 days to request the competent national authorities in the matter of free competition, the making of investigations for the determination of the existence of the reported practice, and they will have to elaborate the “investigation Plan” in 15 days, pointing all the details of the investigation (actions, chronology, economical agents to whom the actions are directed, among others). • The National Authority counts with 90 days to complete the investigation. During this lapse, the parties will be able to present their allegations and evidences. Later, the national authority will deliver the results of the investigation to the Secretary, and it, in 45 days, will have to
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Table of Contents Argentina Page 5
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United States Page 130 Uruguay 133
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marketing campaigns. The Code provi
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AUSTRALIA Peter Le Guay Cowley Hear
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The regulations are designed to inf
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Flight Centre's airfares were guara
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AUSTRIA Stefan Kofler Greiter Pegge
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BOLIVIA Alexandra Blanco Guevara &
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BRAZIL Valdir Rocha Veirano Advogad
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5. Title “Faculdades Hélio Rocha
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CANADA Wendy Reed Geneviève Marcot
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Second, the finding makes clear tha
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CHILE Rodrigo Albagli Guillermo Riv
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The Council let the claimant know a
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COLOMBIA Ricardo Duarte Duarte Duar
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3. Legislation Decision or sentence
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advertising and information. Nevert
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ody parts. Even if all intimate par
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CROATIA Mladen Vukmir Vukmir & Asso
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the sentences used in the campaign
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DENMARK Johan Løje Hans Flensted -
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unsolicited electronic mail in the
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FINLAND Bernt Juthström, Mikael Se
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on information to be given in respe
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practices by marketing COKO buildin
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2. Case Report Topic: The represent
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4. Self-regulation Topic: Can cigar
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HUNGARY Matias Vallejos Meana Sall
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4. Title Easyjet Topic: Comparative
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A complaint was also received by th
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Regulator (ComReg). Under the regul
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3. Legislation Topic: Consumer Prot
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Quite clearly the models are posing
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In this context measures taken to p
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models through a clear and illicit
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The Jury found that: - company B’
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Considering that the fidelity card
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JAPAN Wilfred Wakely Aiba & Partner
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cease and desist orders, administra
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The Court held the trademark was us
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2. Title TELEVISION ADVERTISING LES
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NEW ZEALAND Monica Choy Hesketh Hen
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3. Title Credit Card Companies Pros
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6. Title Therapeutic Services Adver
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PERU José Barreda Barreda Moller m
Page 92 and 93: - When it contains a false name or
Page 94 and 95: POLAND Ewa Skrzydło-Tefelska SKS L
Page 96 and 97: 3. Issue: Advertising of medicines
Page 98 and 99: Comments: This decision shows that
Page 100 and 101: ROMANIA Florentina Dumitrescu Wood
Page 102 and 103: or services offered by it. Accordin
Page 104 and 105: following the legislative initiativ
Page 106 and 107: SOUTH AFRICA Chris Job & Lindsey Ki
Page 108 and 109: 3. Misleading Advertising Topic: Ad
Page 110 and 111: In the amended advertisement the ph
Page 112 and 113: 8. Offensive Advertising Topic: Sec
Page 114 and 115: SPAIN Gerhard W. Volz Schiller Abog
Page 116 and 117: The criticisms made against the Dra
Page 118 and 119: SWEDEN Michael Plogell Wistrand Adv
Page 120 and 121: fulfill the requirements of the MPA
Page 122 and 123: published advertisements aren’t p
Page 124 and 125: single bill, customer portal, 24-7
Page 126 and 127: Polo says it all - small but tough.
Page 128 and 129: 6. Case Report Topic: Licensing Int
Page 130 and 131: UNITED STATES Douglas J. Wood Jenni
Page 132 and 133: 5. Topic: Degrees of Deception: Int
Page 134 and 135: The court held that the image right
Page 136 and 137: penalties stipulated in the law. Th
Page 138 and 139: 2. Case Report Topic: Incorporation
Page 140 and 141: 4. Case Report Topic: Fair Competit
Page 144 and 145: make its own determinations, and in
Page 146 and 147: CHILE Rodrigo Albagli & Guillermo R
Page 148 and 149: JAPAN Wilf Wakely Aiba & Partners 4
Page 150: SWITZERLAND Peter Hofer Frick, Hofe
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