AmCham Macedonia Spring 2016 (issue 49) | Page 34

AMCHAM NEWS Those present also concluded that the current framework fails to strike a balance between consumer rights and obligations. Clearly, consumers need to protect themselves from abusive companies. A transparent, good faith and predictable dispute resolution mechanism would allow both consumers and companies to present and protect their interests. Improvements Needed... continued from page 28 Today, consumers can file formal complaints with the SMI without ever informing the company or authorized service provider. Rather than applying their limited resources to higher priority enforcement activities, SMI wastes time investigating and reporting on cases that companies would have addressed without their involvement. The unnecessary involvement of SMI also absorbs company resources. The requirement that SMI investigate every consumer complaint filed, regardless of its merit or value, was also highlighted as wasteful and unrealistic. Marijana Loncar Velkova, President of Macedonia’s Consumer Protection Organization, said that mediation played a much more important role in EU countries and that State enforcement authorities were only involved in very large and problematic cases. Such a model would certainly make more sense that burdening SMI with thousands of inconsequential cases and insufficient people and technology to process them all. Legal experts explained that Macedonian Competition Law should be understood as the B2B side of consumer protection. Speakers stressed that companies must seek legal redress for unfair competitive practices in order for the legal framework to function properly. Until now, companies have brought very few cases, thus practical application of the law is largely lacking. There was a general sense in the group that this law is not well known or understood among business people, with the exception of utility companies and similar. The group also debated whether a dedicated law on advertising may be needed, as in many other markets, given the need for precise definitions and practical details in this area. In order to further explore the many areas in need of improvement from a practical business perspective, AmCham plans to organize meetings with the Ministry of Economy, the ministry responsible for many of the laws that govern this important area. Our hope is that leading companies will be seen as a valuable resource toward raising local standards. Instead, these same companies often feel targeted by local enforcement authorities for constant inspections and fines for minor shortcomings, while much more serious and obvious competitor violations are ignored. This approach leads to unfair competition that punishes companies that are genuinely working to comply with the law while rewarding those with lower consumer protection standards. In the long run, this will lead to the disappearance of many global, high quality brands from the local marketplace. NEW MEMBER HIGHLIGHT Cevahir Holding is an international construction, tourism and property development company that also has activities in mining industry.With over 50 years of experience in Turkey, Lybia and Saudi Arabia; the company is continuing its operations since 2011 in Skopje, Macedonia with two large-scale property development projects called Cevahir Sky City and Sun City. Cevahir Holding is 100% privately owned and repr