Online marketplace liability under Argentine law

Another case that does not apply the inmunity standard from Belen Rodriguez v. Google case.

Almirón v. Mercado Libre SRL et al., National Commercial Court of Appeals (Cámara Nacional de Apelaciones en lo Comercial), Sala B, March 2026

Facts
The plaintiff purchased a Samsung 50” QLED TV from a third‑party seller (Coruscant S.A.) through the Mercado Libre online marketplace. The product was delivered with a damaged screen. The buyer filed a claim through Mercado Libre’s “Compra Protegida” program, requesting a replacement. Mercado Libre required the return of the product, closed the claim when the return was not completed, and released the funds to the seller. The plaintiff sued the seller, the manufacturer (Samsung), and Mercado Libre, alleging consumer law violations and defective product liability.

Decision of the Court of First Instance
The trial court held that the transaction was governed by Argentine consumer law (Law No. 24,240) and that all defendants were jointly and severally liable under Article 40 of that statute. It found that Mercado Libre acted as a supplier within the chain of distribution, given its active role in the transaction. The court awarded damages for material loss and moral harm, rejected punitive damages, and imposed joint liability on Mercado Libre, the seller, and the manufacturer.

Decision of the Court of Appeals
The Cámara Nacional de Apelaciones en lo Comercial, Sala B, rejected Mercado Libre’s appeal and fully affirmed the judgment. The Court held that although Argentine law lacks a specific statutory regime for online marketplaces, existing doctrine on internet intermediaries applies. While neutral intermediaries are subject to a subjective liability standard, Mercado Libre exceeded a passive role by actively promoting the transaction, processing payment through Mercado Pago, arranging delivery through Mercado Envíos, offering buyer protection, and collecting a commission. Consequently, Mercado Libre was deemed part of the commercialization chain and subject to objective and joint liability under Article 40 of the Consumer Protection Law.

Conclusion – Liability Criterion for Online Marketplaces
The case establishes that an online marketplace is liable as a supplier when it plays an active role in the transaction—beyond mere publication—by facilitating payment, logistics, buyer protection schemes, and by deriving an economic benefit.

In such circumstances, the platform is integrated into the chain of distribution and is subject to strict, joint, and several liability for defective products under Argentine consumer law, irrespective of contractual disclaimers or compliance with internal dispute‑resolution mechanisms.