CODE OF GOOD BUSINESS PRACTICES FOR WHOLESALE AND RETAIL DISTRIBUTION
Through Resolution No. 340, published in the Official Gazette on April 12, 2021 (hereinafter, the “Resolution”), the Secretary of Internal Trade of the Ministry of Productive Development (hereinafter, the “SCI”) approved the Code of Good Commercial Practices for Wholesale and Retail Distribution (hereinafter, the “Code”), provided for in Law No. 27,545, of Gondolas.
Gondolas Law No. 27,545 establishes that the Code will be of mandatory application for the subjects covered by Article 3 of the same, provided that they have an annual gross turnover of more than three hundred million (300,000,000) mobile units of Law 27,442, on the Defense of Competition (today, $ 16,587,000,000), considering the turnover of the entire economic group. Unreached subjects may voluntarily adhere to its terms, in accordance with the procedure dictated by the SCI for this purpose.
Likewise, it was established that the terms of the Code will be considered fully incorporated into the provision agreements entered into by its adherents, who, in addition, must have an alternative dispute resolution procedure, which may be private mediation and / or arbitration.
In addition to the obligations established in the Code, the subjects reached must designate a corporate manager for compliance with said Code. This designation must be communicated by reliable means to the suppliers and, through the Platform of “Remote Procedures” (TAD), to the SCI of the Ministry of Productive Development, and the person designated for this purpose must establish a special electronic address at the time of its registration.
On the other hand, the obligation is established, for the subjects reached, to periodically send information on compliance with the Code, to the Enforcement Authority, as well as the information required by the Observatory of the Food Value Chain created by law No. 27.545, of Gondolas and which is chaired by the SCI.
Any breach of the obligations established in the Code will be subject to the sanctions and fines provided in the Commercial Loyalty Regime, without prejudice to the other sanctions that may correspond according to the procedure of Law 27,442 or 24,240, in the terms of Article 17 of the Gondolas Law.
Its content can be consulted here.
Finally, the Resolution will take effect 30 calendar days after its publication in the Official Gazette.
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