On November 1, 2022, the Georgian National Competition Agency in the direction of consumer rights protection, started accepting and reviewing applications. During one year—until November 1, 2023, the Agency has received 462 applications and a case study has been started on 251 applications.
For 1 year, the Competition Agency signed 77 commitment agreements in favor of the consumer in 117 cases. This means the traders have an obligation to change its internal policy and restore the rights of those consumers who allegedly suffered damages due to the trader’s policy in the past. The Agency is actively monitoring the process of fulfilment of obligations taken by the companies. At the time, the issue regarding the 41 commitment agreements signed in 65 cases had been completely exhausted.
In the same period, according to the Agency’s decision, the 38 facts of violations of the rights of the consumer group were confirmed -in 53 cases, and in 7 cases were not confirmed.
Due to non-fulfillment of the obligation imposed by the Agency, 6 traders were fined in 17 cases. In 9 out of 12 cases of violation confirmation, the trader fully fulfilled the obligations imposed by the Agency.
64% of the applications received by the consumer refer to the fact of online trading, and 36% to the case of purchasing the item on the spot. According to regions, Tbilisi continues to lead with 86%, followed by Adjara with 6% and Imereti with 4%.
According to the received applications, the demand for a refund is 144, the repair or return of a defective item is 140, the prohibition of misleading activities is 48, withdrawal from a contract without giving any reason is 24, providing information in Georgian language 16, and the rest is 90.
In the reporting period, according to the received applications, 65% is the wholesale and retail sector, 16% transport and warehousing, construction 5%, art, entertainment and leisure 4%, and 10% other activities.
Any person has the right to apply to the National Competition Agency, shall be not later than 2 years after such violation. The Agency shall start the investigation of an alleged violation of consumer rights if there is information that the action of a particular person(s) violates or is likely to violate the right of a group of consumers.
In the case of the confirmation of a violation, the Agency shall determine a period for a trader to restore the rights violated by it and/or to terminate the action prohibited by Law. For the failure to execute or for the improper execution of a decision of the Agency, the Agency shall impose a penalty on a trader. If, during a period of 12 months, a trader commits a violation repeatedly, he/she shall be subject to a penalty which is double the amount of the previously imposed penalty.
