FTC Hearings on Competition & Consumer Protection in the 21st Century, FTC Docket No. FTC-2018-0091, Comments of the International Center for Law & Economics on the Consumer Welfare Standard (Hearing No. 5)

2018 ◽  
Author(s):  
Geoffrey Manne ◽  
Julian Morris ◽  
Kristian Stout ◽  
Dirk Auer

2021 ◽  
Vol 16 (1) ◽  
pp. 61-83
Author(s):  
Lam Uyen Lu ◽  
Niloufer Selvadurai

AbstractIn upholding a consumer's right to information, regulations prohibiting misleading or deceptive conduct perform a critical role in supporting consumer welfare and encouraging equity in business and commerce. While Vietnam enacted a Law on Consumer Protection in 2010, its provisions in this area are limited in ambit and application. In order to improve the effectiveness of a consumer's right to information in Vietnam, it is useful to examine the Australia Consumer Law which has a sophisticated regulatory framework in this area. By comparing the laws prohibiting misleading or deceptive conduct in the Vietnamese Law on Consumer Protection and the Australia Consumer Law, this article identifies certain similarities and differences between the two legal systems, thereby clarifying shortcomings that can lead to inadequacies and inefficiencies of this area of the law and providing a platform for law reform in Vietnam.



2001 ◽  
Vol 26 (2) ◽  
pp. 51-58 ◽  
Author(s):  
D P S Verma

In view of its adverse effect on consumer welfare, misleading advertising is sought to be regulated in most of the countries of the world. This note presents the legal provisions and institutional framework that regulate misleading advertisements in our country such as the MRTP Act, the Consumer Protection. Act, etc.



2016 ◽  
Vol 10 (2) ◽  
Author(s):  
Dr. Faizanur Rahman ◽  
Dr. Musheer Ahmed

The discourse on competition policy often uses the term 'consumer welfare' but rarely is clear about its meaning or role. Promotion of consumer welfare is the common goal of consumer protection and competition policy. As India's economies move progressively towards increased liberalisation, certain undesirable business practices can emerge which act as a hindrance to development and economic growth. The absence of a competition and consumer protection policy in India has created opportunities for some sectors of the business community to engage in unfair business practices viz., price fixing, speculative hoarding and collusive tendering. Competition policy and consumer policy reinforce one another. In markets that are effectively competitive, producers have internal incentives to further consumer policy objectives, for example, to develop a relationship for quality or to attract customers away from rivals by providing the necessary information to minimise switching costs. At the same time, when consumers are able to exercise their choices effectively, they can act as a competitive discipline upon producers. Thus, there is a strong case to be made for the co-ordination of these two policy areas. In the light of India's commitment to a liberalised economy, there is a need for a fair and equitable environment where producer and consumer can maximise their profit and satisfaction respectively. There is therefore a need for India's Competition and Consumer Protection policy if market oriented policies are to be given the best possible chance of success. In the backdrop of this, it is therefore imperative for India to develop this Policy ensuring the supporting legislation, infrastructure and regulations. In this context, the present paper analysis the standard of consumer welfare required to be taken into consideration while dealing with competition issues, and to what extent is protection accorded to consumers under other legislations.



2019 ◽  
Vol 16 (1 (4)) ◽  
pp. 155-168
Author(s):  
Beata Wieczerzyńska

The article is an attempt at analyzing selected provisions of the Act on Counteracting Unfair Use of Contractual Advantage in Agricultural and F ood Products turning to whether there is public interest in the need of public authority interrogation in contractual relationships (Civil Law) in B2B relations in the food and agricultural market and whether this material basis for this interference has been properly defined. “Public interest” as an objective of counteracting practices that unfairly uses the contractual advantage of suppliers or buyers, should be considered on the axiological basis of the Act on competition and consumer protection, in the context of ensuring consumer welfare and thus food security of the country. The material prerequisites of the President of UOKiK’s [Office for the Protection of Competition and Consumers] conduct in cases of abuse of a contractual advantage were burdened with a large degree of indeterminacy, entrusting to the authority their clarification with prejudice to the principle of predictability of state bodies’ activities.



2020 ◽  
Vol 69 (6) ◽  
pp. 578-584
Author(s):  
Julia Schönbohm ◽  
Natalie Ackermann-Blome

Abstract German patent law faces challenges in trying to accommodate a changing technological and economic reality. As a result, recent legislative initiatives have been dominated by discussions about adjusting the German Patent Act, especially with regard to the claim for an injunction. This article gives a brief overview of these new challenges as well as the legal background of injunctions in German patent law and the underlying case law. It also evaluates the proposed amendment of the provision on injunctions in the discussion draft of the Federal Ministry of Justice and Consumer Protection (BMJV) on the modernisation of patent law of 14 January 2020.





2008 ◽  
pp. 215 ◽  
Author(s):  
Michael J. Trebilcock

The regulation of the provision of professional services should be viewed from a consumer protection or welfare rationale. The legal profession should devote fewer of its regulatory resources to input regulation and instead, focus more of its resources on output regulation. A bottom line, output-oriented regulatory regime is what the consumer welfare perspective demands. While there are numerous advantages to the self-regulation of the legal profession, this self-regulation should not be absolute. Rather than moving completely away from the notion of self-regulation or to a form of co-regulation, the current regulatory regime should be tempered with appropriate public accountability mechanisms.



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