232 COMPETITION LAW IN TOURISM “b) Before discussing the matter in question, we must bring attention to the fundamental purposes of the Law to Promote Competition and the Effective Consumer’s Defense, which has the aim – as stated in its first article – in addition to protecting consumers’ legitimate rights and interests, the safeguard and promotion of the process of competition and free market, which is achieved by way of prevention, as well as banning monopolies and restrictions on the market’s functioning, while at the same time eliminating all pointless regulations upon economic activities”. With the aim to comply with the abovementioned goals, such a law created three competent bodies: i) The Regulatory Commission; ii) The Commission to Promote Competition; and iii) The National Consumers Commission. Moreover, in such a law the legislator established the guidelines that should be followed by all players in the market – economic agents –, it also established the tools that they have in hand to protect its interests, and specially – to the effects of the present case – regulate all things related to the protection of the end consumer’s rights, who because of its position on the market hierarchy deserves a special treatment by the goods and services’ providers. In this line, let us remember how Article 2 of the law defines the figure of the consumer as: “(…) any physical person or legal entity, that as a final receiver, acquires, enjoys or uses the goods or services, or receives information or proposals for that reason. It will also be considered as a consumer the small industry and the artisan – as stated in the rules of this law – that acquires finished products or materials to integrate them in the procedures in order to produce, transform, commercialise or provide services to third parties”. Also, the National Consumers Commission, clarified in its resolutions the figure of the ‘consumer’ and its protection, explaining that: “2 – Following this line of thinking, we must mention that the doctrine has analysed the concept of the consumer from two points of view, as a client and an end consumer. As for the first concept, the Argentinian jurist Juan Farina says it, ‘exceeds that of the consumer making a purchase, protected by the Law 24.240 (Consumer Protection Law of Argentina) because it refers to all subjects that make a contract to acquire a goods and services offer in the market, both to fulfil private necessities and tend to company activities (…) while the end consumer concept refers to the person who acquires goods and services for his private consumption or use”.
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