COMPETITION LAW IN TOURISM ACTIVITIES 239 Based on the consumer’s defense, the aforementioned article states: “Failure to comply with any of the obligations listed in this article entitles the interested party to go to the National Consumer Commission created in this Law, or to the competent jurisdictional bodies and to assert their rights, under the terms indicated in Article 43 of this Law”. As the consumer demands that the producer, supplier or merchant assumes responsibility, he is obliged to respond in case the consumer is harmed because of the good or service, of inadequate or insufficient information about them or their use and risks, as per Article 35. We should not ignore how the irregularities or non-compliance in which traders and producers might incur are liable to constitute infractions. And in that case, these acts can be administratively sanctioned by the National Consumer Commission. To perform this action, the Law grants it a power of investigation and sanction, among others: “Article 53. – Powers of the National Consumer Commission. The National Consumer Commission has the following powers: a) Identify and sanction administrative infractions, breaches of the obligations established in Chapter V and, in particular, protect the rights of consumers, in accordance with Article 29* of this Law. (*Currently corresponds to Article 32). b) To sanction the acts of unfair competition, mentioned in Article 17 of this Law when they continue harming consumers. c) Order, in accordance with the gravity of the acts, the following precautionary measures, as appropriate: the freezing or confiscation of property, the suspension of services or the temporary cessation of the reported acts that violate the provisions of this Law, while a resolution is issued in the matter. d) Order the suspension of the instalment credit terms sales plan or future provision of services, when the requirements of Article 41* of this Law are violated. The operative part of the resolution must be published so that it is generally known. (*Currently corresponds to Article 44). e) Order, when appropriate, the return of the money or product. It can also set a deadline to repair or replace the good, as appropriate. f ) Transfer, with the knowledge of the common jurisdiction, all the practices that configure crimes that harm the consumer, as established in Article 60* of this Law. (*Currently corresponds to Article 63). The National Consumer Commission has no jurisdiction to hear the annulment of unfair clauses in adhesion contracts, in accordance with Article 39* of this
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