C. E. M. Y OTRO v. Mercado Libre S. A. S

Cámara Nacional de Apelaciones en lo Civil de la Capital Federal [National Civil Court of Appeals, Buenos Aires capital District], Civil /DAÑOS Y PERJUICIOS, Expte. Nº 36440/2010 Cita Online: AA83B9
Document type
Court Decision
Individuals sued Mercado Libre after having bought counterfeit tickets on their website. Mercado Libre functions as an online platform which provides a space for sellers to advertise and sell their merchandise and for potential buyers to navigate and shop as desired. Similar to ebay, MercadoLibre serves as a mediator, effectuating limited supervision on individual transactions. Due to the fact that Mercado Libre makes a profit, not only from the space it provides to sellers, but also from each transaction, the National Civil Court of Appeals found it appropriate to apply Argentina’s Consumer Protection Law. Furthermore, Mercado Libre has the responsibility of seeing the transaction through until the buyers receive the merchandise they rightfully purchased. Therefore, Mercado Libre was found guilty alongside with the sellers of the counterfeit merchandise. Mercado Libre appealed the decision, bringing the case before the Supreme Court, which rejected the appeal in November 2013.
Topic, claim, or defense
Consumer Protection or Harm (e.g. Fraud)
Document type
Court Decision
Issuing entity
Highest Domestic/National (including State) Court
Type of service provider
OSP obligation considered
Type of law
General effect on immunity
Weakens Immunity
General intermediary liability model
No Safe Harbor or Immunity