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Corporate & Business
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Prices Comparison Oct 2009

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Resolution emitted by Profeco. Comparative Publicity in Regard to Prices of Goods, Products or Services.

The Comparison of prices is a common commercial practice that favors competence and benefits consumers when it is carried out appropriately. In this sense, the Federal Consumer Protection Board (?Profeco?), upon being responsible of the protection of the consumer?s interests, has emitted the guidelines to verify the comparative information or publicity in regard to prices of goods, products or services, through the Resolution published in the Official Gazette on October 19, 2009 (the ?Resolution?).

The Resolution limits the comparison of prices, being able to be carry out such comparisons only in respect to goods, products or services which are identical, that is, of the same brand, model, presentation and content. Likewise, comparison of prices of perishable or uncontained goods or products is prohibited, as of those that are commercialized in bulks.

Due to the Resolution emitted by the Profeco, the compared prices may not be expressed in percentages, rather only through absolute numbers.

In addition to the abovementioned, in a significant way, the obligation to support the compared prices through the purchase proof of the compared goods, or through any public document that contains the referred price. In this sense such proofs must be exhibited where the consumer can see them, whether in the sale floor, in internet, newspaper, or any other means of communication used to publicize the prices? comparison.

In regard to the temporality of the comparison, the Resolution establishes that the comparison must be done the same date in which the good or product compared was purchased, and its term must not be more than 5 days. Likewise, the comparative publicity must contain the following legend: ?as of this date, the compared price could have been changed?.

Any breach to the terms set forth in the Resolution, will amount to penalties set by the Profeco, in accordance with the Federal Consumer Protection Law.

The Resolution will enter into force and effect 90 days following its publication in the Official Gazette, this is January 16^th, 2010.

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For additional information, you may contact any of the members of our Corporate & Business Practice Team.