Competition Law in Tourism Activities Hermes Navarro del Valle1 1. Introduction; 2. Law 7472 on the Promotion of the Competition and the Effective Consumer’s Defense; 3. How a Claim is Presented; 4. Can a Claim Be Open Ex-Officio Or Without A Specific Damaged Party?; 5. Regarding the Necessary Existence of a Specific Damage to Present the Complaint. 1. INTRODUCTION In Costa Rica, matters concerning claims in the tourism area of one party against another end up in the National Consumers Commission (that is part of the Ministry of Economy and Commerce). All its actions are regulated by the Law 7472 about the Promotion of the Competition and Effective Consumer’s Defense. “Article 46 of the Constitution stipulates that consumers have the right to a protection of their health, security and economic interests, and to receive adequate and truthful information; to the freedom of choosing, and to an equal treatment, a principle that is elaborated in Article 1 of the Promotion of the Competition and Effective Defense of the Consumer Law, 7472, that establishes: ‘…The objective of this Law is to protect, effectively, the legitimate consumer rights and interests…’ In this scheme, the National Consumer Commission was born, which holds administrative punitive power, by its own will or following a complaint, to punish the infractions of commerce obligations, enforcing them on those practices that are considered an abuse of their relationship with the consumers” (Vote 461-15, National Consumer Commission). As theAttorneyGeneral’s office explains in its JuridicalOpinionOJ-074-2007: 1 Instituto Costarricense de Turismo.
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