The National Competition Agency Established The Fact Of Violation To The Store "UNO"
The Georgian National Competition Agency of Georgia conducted a re-study of the case due to the non-fulfillment of the commitment agreement by "Uno". As a result of the evaluation and study of the circumstances of the case and the presented evidence, the fact of violation was established in relation to the store "Uno".
According to the Agency's decision, the fact of violation of the basic obligation of the trader to provide information to the consumer, the right to refuse the distance contract and/or off-premises contract, as well as the fact of violation of the obligation related to replacement/repair/return of the defective item was confirmed. Accordingly, within one month, the trader was instructed to restore the violated rights of consumers and to conform its trade policy to the requirements of the relevant articles of the law.
In case of confirmation of violation, when a trader fails to execute or improperly executes a decision of the Agency within the period determined by the Agency, the trader shall be penalized. 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.
The case concerned to the commitment agreement signed on February 10, 2023, between "Uno" and the National Competition Agency. According to the agreement, the trader was obliged to fulfill the instruction issued by the Agency within 2 (two) months after the signing of the agreement.
It is important to note, that during 7 months, the Competition Agency signed 44 commitment agreements in favor of the consumer on 80 cases. This means the traders have made an obligation - to change its internal policy and to 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 fulfillment of obligations taken by the companies. At the time, the issue regarding the 41 commitment agreement signed in 22 cases has been completely exhausted.
For information: from November 2022 - to May 2023, Agency has received 240 applications and a case study has been started on 149 applications. During 7 months, the Competition Agency signed 44 commitment agreements in favor of the consumer on 80 cases. In the same period, according to the Agency’s decision, 10 facts of violations of the consumers were confirmed - in 23 cases, and in 3 cases were not confirmed.