AmCham Macedonia Spring 2016 (issue 49) | Page 28

AMCHAM NEWS Improvements Needed to Macedonia's Consumer Protection and Competition Approach Author: Michelle Osmanli, Executive Director, AmCham Macedonia The rather outdated, inefficient and ambiguous Macedonian consumer protection framework creates an inconsistent marketplace for consumers and companies alike. Thus, many companies are calling for improvements in the legal framework, to foster an environment where all businesses are expected to consistently comply with higher standards and consumers have the power and protection they deserve. At a recent AmCham roundtable with over 40 companies, the State Market Inspectorate (SMI) and Consumer Protection Organizations from across the country, there was a strong sense of regulatory confusion among all stakeholders. Problematic aspects mentioned by participants included: • the requirement for companies to replace defective products with “new, same, functional” ones; • the role and responsibilities of authorized service representatives; • the definition of “servicing” a product; • the meaning of “minimal” product shortcomings; • the very restrictive and outdated types of allowed sales/discounts; • the purpose of the Law on “Unfair Competition” (Закон за нелојална конкуренција); • lack of clarity on the treatment of services under the current consumer protection framework; and • the role of SMI in the financial services sector. The group agreed that companies needed to be more involved in shaping the consumer protection regulatory framework. While the Consumer Protection Law was changed twice just last year, none of the changes addressed fundamental market challenges or helped to relieve current regulatory confusion. It seems that consumer protection has generally suffered from lack of institutional attention for quite some time and probably for various reasons. For example, Marijana Loncar Velkova, President of Macedonia’s Consumer Protection Organization said the requirement for all food and beverages to be labeled with nutritional information had been delayed several times due to the lack of preparedness of local food and beverage producers. Continued on page 34 28  Spring 2016  Issue 49