The Self-Regulation of Electronic Commerce: An Appraisal in Accordance to the Chilean Law of Unfair Competition
| Autor | David López Jiménez - Andrés Redchuk - Leonel Alejandro Vargas |
| Cargo | PhD (with European mention), Universidad de Sevilla (Spain), and PhD, Universidad Rey Juan Carlos (Spain) - Eng, MSc, PhD. Full professor. Enginering faculty. UNLZ. Argentina. Industrial engineer. Master of total quality. Master of ITC and computers - Universidad de Navarra (Spain) |
| Páginas | 75-85 |
The Self-Regulation of Electronic Commerce: An Appraisal... (p. 75-86) 75
JIMÉNEZ, D. L.; REDCHUK, A.; VARGAS, L. A.
The Self-Regulation of Electronic Commerce: An
Appraisal in Accordance to the Chil ean Law of Unf air Competition .
Revista de Direito Setorial e
Regulatório
, Brasília, v. 2, n. 1, p. 75-86, maio 2016.
The Self-Regulation of Electronic Commerce: An Appraisal in
Accordance to the Chilean Law of Unfair Competition*
Submetid o(
submitted
): 02/11/20 15
David López Jiménez**
Andrés Redchuk***
Leonel Alejandro Vargas****
Parecer(
revised
): 23/11/ 2015
Aceito(
accepted
): 22/01/2 016
Abstract
Purpose –
Electr onic commerce or e-commerce constitutes a commercial ac tivity on t he
rise. Alt hough it has many advan tages, there are several l ingering factors that prevent its
consolidation, such as t he lack of trus t of t he potential cons umer/user. In order to
overcome that obstacle , instruments of self- regulation were created in the fie ld of
advertising. Firms that wish to distinguish the mselves favorably against their co mpetitors
have t he option of adopting those instrument s, which pl ay a praisew orthy role r egarding
the target audience and constitutes a conside rable improvement o f consumer rights.
However, on occasions, proble ms arise in the market when those systems of s elf-
regulation bind third parties that did not volunta rily enter into a contra ct. This paper
tackles the question of if self-regulation of advertising in the net can be pu t in place
should it affects the honor of the third party not comm itted with the f air-practices
document.
Methodology/appr oach/design –
In this article, we will refer to th e particularit ies that
arise from a case concer ning the Chilean Law no. 20,1 68, of 2007, on unfair competit ion
and self-r egulation of advertisi ng in the Intern et pertaining
WOM, Movistar, Entel, Claro
and Virgin.
Findings –
The Chile an Law no. 20,168, of 2007 contributes to the goal of discouraging
conduct c ontrary to good faith or good practices in advertising in conjunction with codes
of conduct that have been approved in the field related to the systems of self-regulat ion.
Keywords:
Self-regulatio n, competition, honor, free dom of expression, tutelag e.
1. Introduction
In the past few years we have been experiencin g a paradigm shift of the
traditional consumer/user model. Social trends are shifting alongside with the
arrival of new technology. Ever since the early 90s, when commercial
*
This work was supported by Fondecyt 1 1130188 project.
**
PhD (with Euro pean mentio n), Universidad de Sevilla (S pain), and PhD, Universidad
Rey Juan Car los (Spain). Research professor at the Univ ersidad Católica del N orte,
Antofagasta, C hile. E-mail: dlopezjimenez@gmail.com.
***
Eng, MSc, PhD. F ull profes sor. Engin ering facu lty. UNL Z. Argent ina. Industrial
engineer. Master of total quality. Ma ster of ITC and computers. E-mail:
andres.redchuk @gmail.com .
****
Universidad d e Navarra (Spain). E- mail: lbarrigh@alumni.unav.es.
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