2023 Laws of Puerto Rico › TITLE TEN - Commerce (§§ 1 — 4196) › Subtitle 1 - Regulation of Business Generally (§§ 1 — 998q) › Chapter 13 - Monopolies and Restraint of Trade (§§ 251 — 276) › § 259 - Fair competition

(a) Unfair methods of competition, and unfair or deceptive acts or practices in trade or commerce are hereby declared unlawful.
(b) Without impairment of the authority to resort to the remedies authorized by § 269 of this title, the Office of Monopolistic Affairs, through rules and regulations adopted as provided in § 272(a)(5) of this title, may proscribe specific acts or practices, in a general manner or in any specific line of trade or commerce, in accordance with the standard provided in subsection (a) of this section.
The rules and regulations authorized in this subsection shall be adopted, before their promulgation, by a special board consisting of the Secretary of Justice, the Economic Development Administrator, the Secretary of Commerce, as ex officio members and two citizens appointed by the Governor, with the advice and consent of the Senate. The Secretary of Justice will be the chairman of said board and the Office of Monopolistic Affairs shall provide it with secretarial services.
Each ex officio member may, with the approval of the board, designate a representative of his respective department to substitute him in said board, with all the corresponding rights and prerogatives, when he is unable to appear personally at the meetings, but said substitute representatives may not assume the chairmanship of the board. The name of the substitute shall be submitted beforehand to the board for its approval. The substitute may attend the meetings of the board, but shall only have voice and vote in case of absence of the ex officio member whom he represents.
(c) Without impairment of the power to resort to the remedies authorized by § 269 of this title, the Office of Monopolistic Affairs may file and process administrative complaints in the Department of Consumer Affairs, to prevent, avoid and detain violations of subsection (a) of this section or the regulations approved pursuant to subsection (b) of said section. As soon as the party against whom the complaint has been filed has been properly notified thereof, the Department of Consumer Affairs shall proceed to hold the hearing and solve the case by prescribing the most appropriate remedy, according to the details of the complaint.
(d) The Office of Monopolistic Affairs or the accused party, when affected by a decision of the Department of Consumer Affairs, shall be entitled to a judicial review at the Court of First Instance of the Commonwealth of Puerto Rico. The petition for review shall be filed with the Court of First Instance within thirty (30) days from the date of notice of such decision.
(e) The petition for review shall be executed by filing an application in the Office of the Court Clerk, in which the grounds supporting the petition for review are set forth. After the petition is filed, the petitioner himself shall notify the other party and the Department of Consumer Affairs. Said Department may request audit within a period of fifteen (15) days from its date of notice.
(f) After the petition for review is established, it shall be the duty of the Department of Consumer Affairs to take a certified copy of the documents on record to the court within a term of ten (10) days from the date of notice of the filing of the petition for review.
(g) The court shall review the decision of the Department of Consumer Affairs on the basis of the administrative record submitted, and only as to the conclusions of law; the findings of fact of the Department of Consumer Affairs shall be conclusive for the court if supported by substantial evidence.
(h) Noncompliance with a final and definite decision issued by the Department of Consumer Affairs in the procedure established herein shall bear, after due notice and hearing, a civil penalty imposed by the Department of Consumer Affairs up to a maximum of five thousand dollars ($5,000). Each separate violation of said decision shall be considered as continuous noncompliance therewith, in which case, each day the decision is not complied with shall be considered as a separate violation.
(i) When any person is found liable of violating the regulations approved pursuant to subsection (b) of this section, and it appears that said violation was committed with present or real knowledge of the prohibition, or with reasonable knowledge inferred on the basis of objective circumstances, the Department of Consumer Affairs shall impose a civil penalty up to five thousand dollars ($5,000), for each violation in addition to the most appropriate remedies according to the details of the complaint, as provided in subsection (c) of this section.
(j) The Office of Monopolistic Affairs may appeal to the Court of First Instance of Puerto Rico requesting that any decision of the Department of Consumer Affairs issued under subsections (h) or (i) of this section be put in effect.
History —June 25, 1964, No. 77, p. 235, § 3; May 30, 1970, No. 67, p. 78; June 23, 1978, No. 72, p. 242.