14,960 results on '"UNFAIR COMPETITION"'
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202. Using a Competitor's Trade Mark in Sponsored Links and Unfair Competition.
- Subjects
UNFAIR competition - Abstract
Braun [ABSTRACT FROM AUTHOR]
- Published
- 2023
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203. Government R&D subsidies and the manipulative innovation strategy of Chinese renewable energy firms.
- Author
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Ying, Qianwei, Yang, Shanye, and He, Siyi
- Subjects
SUBSIDIES ,RENEWABLE energy sources ,RENEWABLE energy industry ,UNFAIR competition ,EMERGING markets ,BUSINESS enterprises - Abstract
Renewable energy technology innovation is the key to alleviating environmental issues. The Chinese government promotes corporate innovation in the renewable energy industry by providing R&D subsidies. This paper investigates the impact of R&D subsidies on innovation strategies in Chinese renewable energy listed firms from 2008 to 2017. The results show that R&D subsidies induce firms to adopt a manipulative innovation strategy that increases innovation quantity but reduces innovation quality, especially in regions with low marketization or unfair competition. We further find that the choice of manipulative innovation strategy is caused by the flawed subsidy distribution system and examination procedures of subsidy use. This paper deepens the understanding of the relationship between government subsidies and corporate innovation strategy and provides new enlightenments for emerging economies to enhance the effectiveness of subsidy policies. [ABSTRACT FROM AUTHOR]
- Published
- 2023
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204. Section 5 in action: reinvigorating the FTC Act and the rule of law.
- Author
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Khan, Lina M
- Subjects
RULE of law ,UNFAIR competition ,PUBLIC records ,STATUTORY interpretation ,RESTRAINT of trade ,POWER (Social sciences) - Abstract
With this text, Congress distinguished between I fair i and I unfair i methods of competition - a new distinction, foreign to the Sherman Act - and tasked the FTC with policing the boundary. 23 Press Release, Fed. Trade Comm'n, FTC Proposes Rule to Ban Noncompete Clauses, Which Hurt Workers and Harm Competition (5 January 2023) < https://www.ftc.gov/news-events/news/press-releases/2023/01/ftc-proposes-rule-ban-noncompete-clauses-which-hurt-workers-harm-competition > accessed 27 June 2023. I None i of these cases significantly constrains the FTC's authority to apply Section 5 toviolations of the policies that underlie the antitrust statutes or that cause actual or incipient antitrust injury'. Keywords: Antitrust; FTC Act; Federal Trade Commission; Competition; K21; K42; L43; N42 EN Antitrust FTC Act Federal Trade Commission Competition K21 K42 L43 N42 149 153 5 08/11/23 20230701 NES 230701 The Federal Trade Commission Act of 1914 didn't just create a new agency. [Extracted from the article]
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- 2023
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205. Reflections on the revolution in antitrust.
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Francis, Daniel
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ANTITRUST law ,UNFAIR competition ,EMPLOYMENT portfolios - Abstract
29 For some recent incremental proposals, see eg, Tougher Enforcement Against Monopolists Act, S.R. 2039, 117th Cong (2021); Competition and Antitrust Law Enforcement Reform Act, S.R. 225, 117th Cong (2021). 3 Of course, there is plenty of room for criticism and improvement I within i welfarism, and a vast amount of this is being done, as it has been done for some time: but that is the stuff of evolution, not revolution. Keywords: Antitrust; Revolution; Neo-Brandeisian; Welfarism; K21; L40 EN Antitrust Revolution Neo-Brandeisian Welfarism K21 L40 185 190 6 08/11/23 20230701 NES 230701 Is there really, as the title of this symposium suggests, an "Antitrust and Anti-Monopoly Realignment?" Antitrust, Revolution, Neo-Brandeisian, Welfarism, K21, L40, L40. [Extracted from the article]
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- 2023
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206. Common sense returns to antitrust.
- Author
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Mitchell, Stacy
- Subjects
COMMON sense ,ANTITRUST law ,BUSINESSPEOPLE ,FOOD prices ,POWER (Social sciences) ,LIFE expectancy ,UNFAIR competition - Abstract
In 2013, the Federal Trade Commission (FTC) voted unanimously to close an investigation of Google, despite agency staff concluding that the company had significantly harmed competition.[4] Massive mergers sailed through, including the Penguin and Random House deal, and the merger of American Airlines and US Airways. One was that, after decades of effective enforcement, Americans had stopped paying attention to monopoly and turned to other issues.[29] The second was that, by the 1980s, the Democratic Party had abandoned its commitment to small business, which had been a key part of the party's coalition since the New Deal.[30] This left a crucial constituency without a political home from which to organize a defence of America's anti-monopoly policies. Keywords: Antitrust; Competition policy; Democracy; Consumer welfare; Economic inequality; Monopoly; Small business; K21; L40; N00 EN Antitrust Competition policy Democracy Consumer welfare Economic inequality Monopoly Small business K21 L40 N00 236 241 6 08/11/23 20230701 NES 230701 I. INTRODUCTION It is an extraordinary time in antitrust. Antitrust, Competition policy, Democracy, Consumer welfare, Economic inequality, Monopoly, Small business, K21, L40, L40, N00. [Extracted from the article]
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- 2023
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207. Democracy and law in the new American antitrust.
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Teachout, Zephyr
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NEW democracies ,AMERICAN law ,ANTITRUST law ,POWER (Social sciences) ,UNFAIR competition - Abstract
Like antitrust, election law is made up of a collection of laws, most of which are bright-line laws (voting rules, campaign spending rules), some of which are extremely difficult and fact-intensive (racial gerrymandering). Keywords: Democracy; Antitrust; K21 EN Democracy Antitrust K21 278 282 5 08/11/23 20230701 NES 230701 There is an inverse relationship between those who argue that judges, guided by economists, are well suited to the task of determining the ultimate social value of an individual merger or business practice, and those who believe that antitrust law plays a central role in the protection of human freedom and democracy. Biden's pro-democracy rules, therefore, do not have democracy in them. [Extracted from the article]
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- 2023
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208. Policy realignment and competition in attention markets.
- Author
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Orbach, Barak
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SOCIAL media ,CONSPIRACY theories ,PUBLIC opinion ,UNFAIR competition ,XENOPHOBIA ,BUSINESS enterprises ,LAW reform - Abstract
This essay explores the plausibility of an anti-monopoly realignment transforming antitrust law and policy. These events gave rise to the anti-bigness movement and its anti-monopoly realignment vision.[12] In recent years, the anti-bigness movement has gained considerable momentum, bolstered by growing political support for its ideas and the appointment of its advocates to lead the antitrust enforcement agencies. Keywords: Antitrust; Anti-monopoly; Antibigness; Competition; Attention markets; K21 EN Antitrust Anti-monopoly Antibigness Competition Attention markets K21 247 252 6 08/11/23 20230701 NES 230701 I. INTRODUCTION Over the past decade, a rapid shift in public attitudes towards large corporations has propelled antitrust law from obscurity to a favourite tool among progressive and conservative populists.[1] Several factors account for this rise in antitrust's political salience, one of which is the remarkable success of a new wave of anti-bigness advocates in attention markets.[2] These advocates have branded themselves as 21st-century trustbusters, promoting their anti-bigness agenda as an "anti-monopoly movement". [Extracted from the article]
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- 2023
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209. The consumer welfare standard and avoiding the dangers of polarized debate in the USA.
- Author
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Hollman, Hugh M and Putz, Nicholas P
- Subjects
CONSUMERS ,MARKET design & structure (Economics) ,UNFAIR competition ,LAW reform ,ANTITRUST law - Abstract
19 Federal Trade Commission, 'Policy Statement Regarding the Scope of Unfair Methods of Competition Under Section 5 of the Federal Trade Commission Act' (10 November 2022) Commission File No P221202 1, 9-10 < https://www.ftc.gov/system/files/ftc%5fgov/pdf/P221202Section5PolicyStatement.pdf > accessed 17 April 2023. 23 Lina Khan, 'Oversight of the Enforcement of the Antitrust Laws - Prepared Statement of the Federal Trade Commission Before the United States Senate Committee on the Judiciary Subcommittee on Antitrust, Competition Policy and Consumer Rights' (20 September 2022) US Federal Trade Commission < https://www.ftc.gov/system/files/ftc%5fgov/pdf/P210100SenateAntitrustTestimony09202022.pdf > accessed 17 April 2023. Keywords: Antitrust; Consumer Welfare Standard; Chicago School; Neo-Brandeis; Department of Justice; Federal Trade Commission; K21; L40; L41; L51 EN Antitrust Consumer Welfare Standard Chicago School Neo-Brandeis Department of Justice Federal Trade Commission K21 L40 L41 L51 203 208 6 08/11/23 20230701 NES 230701 I. INTRODUCTION The Biden Administration is seeking to redefine US antitrust policy that it views as largely responsible for historical underenforcement of antitrust laws in the USA.[1] To achieve this, President Biden appointed progressive reformers to leadership positions[2] and lawmakers are proposing amendments to the antitrust laws.[3] These reforms could be described as a battle for the very soul of antitrust though such policy shifts in antitrust enforcement are not unprecedented.[4] Arguably a victor of a previous antitrust policy battle was the Chicago School with its core underlying assumption that markets self-correct.[5] Allied to that view was its emphasis on economic theory and analytical methods that rely heavily on economic analysis, especially the consumer welfare standard (CWS). [Extracted from the article]
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- 2023
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210. Looking backwards to move forwards: The role of history in current US antitrust enforcement?
- Author
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Brandenburger, Rachel and Ottenberg, Jill
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UNITED States. Sherman Act ,ANTITRUST law ,AMERICAN law ,UNFAIR competition ,CRIMINAL procedure - Abstract
Conclusion Current DOJ and FTC leadership claim the "core value"[42] of the agencies' antitrust agenda is the "rule of law".[43] FTC Chair Khan has characterized the FTC's antitrust philosophy as "fundamentally conservative" because it is 'deeply ground[ed] ... in statutory text, history, judicial precedent, and congressional intent'.[44] AAG Kanter has stressed antitrust enforcement has '... deviated too far from the will of Congress. 13 Press Release, FTC, 'Federal Trade Commission and Justice Department Seek to Strengthen Enforcement Against Illegal Mergers." At the FTC and DOJ's Enforcers Summit on 4 April 2022, AAG Kanter stated that the DOJ will "not hesitate to enforce the law" if it determines that a s 2 criminal charge is warranted. [Extracted from the article]
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- 2023
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211. Lasting change in competition law and policy.
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Waller, Spencer Weber
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ANTITRUST law ,UNFAIR competition ,POLITICIANS ,LEGAL judgments ,SOCIAL injustice - Abstract
This is a time of passionate debate on the fundamental goals of competition law. Should there be a single overarching goal for all competition law and policy? Should that goal be framed in purely economic terms? Should antitrust focus on protecting the competitive process, preventing unfair market conduct, or the abuse of superior bargaining position? Should antitrust promote and protect democracy, address social and racial injustice, or address climate change and sustainability? How should multiple goals be administered, weighed, and traded off in enforcement priorities and litigation? There is a progressive turn in the USA at the moment. But regardless of the nature and direction of the desired change, there is the equally important issue of how to achieve lasting change that survives the inevitable change in enforcement personnel and political leaders over time. In this essay, I focus on how to achieve that lasting change regardless of the goals and direction of change that any particular jurisdiction seeks to adopt. Most of the specific examples come from current developments in the USA, but are illustrative of the process of lasting change in competition. Enforcement agencies are key players in this process, but are constrained by the constitutions, treaties, legislation, and court decisions of their jurisdictions. Any campaign for change therefore depends on the wise use of the full substantive and procedural powers assigned to them by the political branches of the government. Successfully achieving substantial change rarely happens by accident, and most often requires a combination of such factors as: (i) creatively using the full statutory powers assigned to the agencies, (ii) striving for a unified whole-of-government approach to competition policy and (iii) deeply engaging the general public. [ABSTRACT FROM AUTHOR]
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- 2023
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212. Promoting local food systems through public procurement in the European Union.
- Author
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MUÑOZ GÓMEZ, MARTA J.
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GOVERNMENT purchasing ,LOCAL foods ,UNFAIR competition ,AGRICULTURAL policy - Abstract
Copyright of Przeglad Prawa Rolnego is the property of Adam Mickiewicz University and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2023
- Full Text
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213. Romania ∙ The Romanian Competition Council: Towards Becoming a Markets' Authority.
- Author
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Marius Chirițoiu, Bogdan and Dan Roman, Vlad
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UNFAIR competition ,PLAYSTATION video game consoles ,POLICE raids ,ROMANIANS - Abstract
With regard to this new constellation of instruments with which the RCC has been entrusted, the authority is looking forward to receiving further resources and consolidating its independence, also with a view to the final implementation stage of the ECN+ Directive.[26] Footnotes 1 See previous Country Reports for Romania (2019-present) CoRe. Romania • The Romanian Competition Council: Towards Becoming a Markets' Authority Keywords: Romanian Competition Council; Markets Authority; competition EN Romanian Competition Council Markets Authority competition 179 182 4 10/13/23 20230701 NES 230701 I. Introduction 2023 finds the Romanian National Competition Authority (RCC or NCA) in a process of transitioning from its main focus on competition to a wider regulatory mandate. [Extracted from the article]
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- 2023
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214. A REVOLUTION WITHOUT A CAUSE: THE DIGITAL MARKETS ACT AND NEO-BRANDEISIAN ANTITRUST.
- Author
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KIM, YUNSIEG P.
- Subjects
ANTITRUST law ,UNFAIR competition ,COST benefit analysis - Abstract
This Article uses the Digital Markets Act (DMA), which took effect in the European Union on November 1, 2022, to demonstrate the neo- Brandeisian antitrust movement's most fundamental problem: it has not yet shown why its proposals are necessary to accomplish its stated goals. Neo- Brandeisians cite perceived unfair conduct by the likes of Google and Apple as evidence that the existing legal regime's approach of fostering competition has failed, and that a new approach of regulating each unfair conduct specifically is necessary. But the mere fact that bad things happen does not mean that existing law has irredeemably failed, just as the continued existence of crime does not mean that criminal law has failed. The solution might not necessarily be to abandon existing law, but to change how existing law is applied. Indeed, this Article shows that existing law in both the European Union and the United States can feasibly achieve the neo-Brandeisian goal of regulating unfair conduct by platforms like Google and Apple, thereby making the DMA unnecessary. The DMA would also be counterproductive and ineffective for achieving its own stated objectives. For example, the DMA's requirement that app store owners like Google and Apple use only "transparent, fair and non-discriminatory" criteria to rank apps would not prevent Google and Apple from distorting their rankings practices--just as a law school ranked outside the top 180 can rank itself second in the nation by equally weighting neutral factors such as total campus square footage and the number of chairs in the law school library. In fact, an app ranked fourth for revenue on Google Play ranks 148th in the number of users, indicating that Google could easily attach different weights to any number of superficially neutral criteria to produce drastically different rankings. This Article's chief contention is that, as long as the neo-Brandeisian antitrust movement fails to present a sober cost-benefit analysis of its own proposals, its demand to replace existing antitrust law with regulatory micromanagement of specific conduct will remain a call for a revolution without a cause. [ABSTRACT FROM AUTHOR]
- Published
- 2023
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215. The Court of Justice Kicks Around the Dichotomy Between Data Protection and Competition Law.
- Author
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Martínez, Alba Ribera
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DATA protection ,ANTITRUST law ,GENERAL Data Protection Regulation, 2016 ,UNFAIR competition - Abstract
Copyright of Yearbook of Antitrust & Regulatory Studies is the property of University of Warsaw and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2023
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216. Important 2021 Developments in the Field of EU Competition Procedure.
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Sousa, Pedro Caro de
- Subjects
UNFAIR competition ,ANTITRUST law - Published
- 2023
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217. What America Wants From China.
- Author
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HASS, RYAN
- Subjects
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MILITARY strategy , *UNFAIR competition , *RESTRAINT of trade , *COHESION ,CHINA-United States relations - Abstract
The article focuses on the need for a clear and compelling vision of the U.S.' strategy regarding its competition with China. It highlights that a lack of a defined goal risks undermining domestic and international support, pushing policies that could lead to conflict, and hampering the cohesion of global allies. The proposed strategy is to preserve a functioning international system that includes China and maintain a strong military.
- Published
- 2023
218. Have Algorithms Opened Up Your Software to Product Liability?
- Author
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Gismondi, Christopher, Morrison, Dani, and Offutt, Vanessa
- Subjects
- *
PRODUCT liability , *SOCIAL media , *REASONABLE care (Law) , *UNFAIR competition , *SOCIAL media addiction - Abstract
July 24, 2023 On January 24, 2023, next of friends to a minor filed a product liability lawsuit against social media companies Meta Platforms, Inc. (Facebook and Instagram) and Snapchat in Connecticut Superior Court, alleging that these social media platforms caused the plaintiff to develop "mental health issues." The Definition of "Product" and Application to Social Media Cases To date, plaintiffs who have asserted product liability actions based on intangible goods and services, such as social media software, have been appropriately unsuccessful because their claims do not concern a "product." This case is one of dozens of recently filed lawsuits in which plaintiffs assert claims against social media companies for allegedly causing or contributing (or both) to the development of mental health conditions. [Extracted from the article]
- Published
- 2023
219. “Fire Rings”: Decision of the Federal Supreme Court of Switzerland (Bundesgericht) 17 June 2022 – Case Nos. 4A_472/2021, 4A_482/2021
- Published
- 2024
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220. Measuring Distortions in International Markets: The Rolling-Stock Value Chain.
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EXPORT marketing ,COMMERCIAL policy ,EXPORT credit ,GLOBAL value chains ,UNFAIR competition - Abstract
Government support to producers of rolling stock is raising concerns about possible market distortions and unfair competition. This report aims to quantify both the scale of government support and to identify the various ways in which governments have been supporting local rolling-stock producers at the expense of foreign competitors. Over the period 2016-20, governments provided about USD 5 billion to the sector, much of it in the form of government grants and income-tax concessions. While not quantified, discriminatory practices in government procurement and competition enforcement, forced technology transfers, as well as non-market export credits may have also distorted global competition in the rail-supply industry. Similar to earlier OECD studies of government support in the aluminium and semiconductor value chains, this report helps shed light on the magnitude and ways in which governments subsidise the producers of materials and equipment they view as strategic, with a view to informing efforts to revisit global trade rules. [ABSTRACT FROM AUTHOR]
- Published
- 2023
221. THE SEDONA CONFERENCE COMMENTARY ON THE GOVERNANCE AND MANAGEMENT OF TRADE SECRETS.
- Author
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Weinlein, Craig
- Subjects
TRADE secrets ,TRADE secret laws ,UNFAIR competition ,INTERNATIONAL trade ,INDUSTRIAL property - Published
- 2023
222. Feds Sue Three Biggest Pharmacy Benefit Managers Over Insulin Costs.
- Author
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Ault, Alicia
- Subjects
PHARMACY benefit management ,DRUG formularies ,CHIEF legal officers ,DRUG accessibility ,UNFAIR competition - Abstract
The US Federal Trade Commission (FTC) has filed a lawsuit against the three largest pharmacy benefit managers (PBMs) in the country, accusing them of steering patients towards higher-priced insulins to increase profits. The PBMs named in the lawsuit are CVS Health's Caremark, Cigna's Express Scripts, and UnitedHealth Group's Optum. The FTC alleges that these PBMs engaged in unfair competition practices, leading to higher insulin prices for patients. Ohio Attorney General Dave Yost had previously sued Express Scripts and Prime Therapeutics for similar antitrust violations. [Extracted from the article]
- Published
- 2024
223. The Referential Use of Another’s Trademark in the Context of Comparative Advertising
- Author
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Marković, Slobodan M., Meškić, Zlatan, Series Editor, Kunda, Ivana, Series Editor, Popović, Dušan V., Series Editor, Omerović, Enis, Series Editor, Baruffi, Maria Caterina, Advisory Editor, Bikić, Enes, Advisory Editor, Cotiga-Raccah, Andra, Advisory Editor, Crnić-Grotić, Vesna, Advisory Editor, Čučković, Bojana, Advisory Editor, Deskoski, Toni, Advisory Editor, Đorđević, Slavko, Advisory Editor, Fabijanić Gagro, Sandra, Advisory Editor, Fröhlich, Mareike, Advisory Editor, Jelić, Ivana, Advisory Editor, Karanikić Mirić, Marija, Advisory Editor, Kmezić, Marko, Advisory Editor, Kowalik-Bańczyk, Krystyna, Advisory Editor, and Rijavec, Vesna, Advisory Editor
- Published
- 2022
- Full Text
- View/download PDF
224. Mexico president urged to protect apparel from China competition.
- Author
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Husband, Laura
- Subjects
VALUE-added tax ,FOREIGN investments ,TEXTILE industry ,CLOTHING industry ,UNFAIR competition - Published
- 2024
225. Protection from unfair competition on the pharmaceutical market in the conditions of the COVID-19 pandemic
- Author
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A.O. Kodynets, O.F. Doroshenko, I.P. Volynets, G.K. Dorozhko, V.O. Petrenko, and V.V. Belitsky
- Subjects
medicines ,unfair advertising ,intellectual property ,covid-19 ,legal protection ,unfair competition ,Medicine - Abstract
The article reveals the problems and prospects of combating dishonest advertising of medicinal products in the conditions of the COVID-19 pandemic. Using the example of the USA and Ukraine, the criteria for banning the advertising of medicinal products by researching scientific sources, international and domestic legal acts, prescriptions and instructions of state bodies, etc. were analyzed. The differences and specifics of the regulatory requirements for the advertising of medicinal products in Ukraine and the USA have been determined. It has been established that in the USA it is allowed to advertise prescription drugs, and in Ukraine a ban has been introduced to advertise "antiviral drugs of direct action". Attention was drawn to the qualification of the division of advertising slogans in the USA, which made it possible to draw an analogy with Ukrainian advertising of medicinal products. It has been proven that individual pharmaceutical manufacturers, by providing advertisers with incomplete information about the drug, can mislead consumers about its effectiveness. The Antimonopoly Committee of Ukraine has demonstrated cases of countering the spread of false information about the properties of medicinal products, which became more frequent in connection with the emergence of the strain (SARS-CoV-2) in 2019. The advantages and disadvantages of a complete ban on medicines on television and radio, as well as other mass media are indicated in connection with the entry into force of the decision of the National Security and Defense Council of Ukraine "On the state of the national health care system and urgent measures to ensure the protection of citizens of Ukraine with medical assistance" dated July 30, 2021. As an alternative to the complete rejection of drug advertising it is proposed, the introduction of the mechanism of "corrective advertising", which is actively used in the USA and consists in correcting or making amendments to already published drug advertising and eliminating statements that mislead consumers, contain incomplete, inaccurate, false information about the medicinal product.
- Published
- 2022
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226. Abolish the Alcohol and Tobacco Tax and Trade Bureau.
- Author
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DIETERLE, C. JARRETT
- Subjects
- *
TOBACCO taxes , *ALCOHOLIC beverage tax , *RESTRAINT of trade , *UNFAIR competition , *COMMERCIAL speech - Abstract
The article focuses on the argument to abolish the Alcohol and Tobacco Tax and Trade Bureau (TTB), highlighting its outdated and redundant regulations. Topics include the agency's enforcement of unfair trade practices based on nearly century-old laws, its excessive labeling regulations that stifle commercial speech, and the overlapping state and federal regulations already in place for alcohol markets.
- Published
- 2024
227. Cracks appear in the walled gardens.
- Subjects
UNFAIR competition ,ANTITRUST law ,GARDENS ,GAMES ,SOCIAL dominance - Abstract
The article discusses how Epic Games has become a significant threat to Apple and Google's mobile duopoly, with court rulings in the EU and the US forcing changes to their app store and payment system policies. While Epic has achieved legal victories, the impact of third-party app stores on iOS in the EU has been limited due to Apple's fees and restrictions. There are concerns about security and privacy if rival app stores emerge, and Google faces the possibility of a breakup by US regulators. Despite these challenges, the dominance of Apple and Google's walled gardens is likely to persist for some time. [Extracted from the article]
- Published
- 2024
228. LEGAL & INSTITUTIONAL.
- Subjects
ONLINE marketplaces ,UNFAIR competition ,PRICES ,FALSE claims ,RETAIL industry - Abstract
The document from Shoe Intelligence provides an overview of the financial performance of Prada Group and Yue Yuen in the first nine months of 2024. Prada Group saw a 15% increase in net revenues, with significant growth in Miu Miu sales, while Yue Yuen's profit surged due to increased demand for its footwear products. Additionally, the document highlights a decline in Germany's birth rate and consumer sentiment, as well as legal challenges faced by Austrian retailers against the Chinese online marketplace Temu. [Extracted from the article]
- Published
- 2024
229. Temu sued by Austrian trade association.
- Subjects
UNFAIR competition ,ONLINE marketplaces ,TRADE associations - Abstract
The Austrian Retail Association has filed a complaint against Temu with the Austrian Federal Competition Authority, alleging deceptive business practices that violate the Unfair Competition Act. The association claims that Temu engages in misleading practices, such as falsely advertising limited product availability and price reductions, and using arbitrary recommended retail prices. Additionally, the association criticizes Temu for creating a sense of urgency in consumers to make quick purchases. The European Commission has also requested more information from Chinese retailers, including Temu, regarding their compliance with regulations and consumer protection measures. [Extracted from the article]
- Published
- 2024
230. Albanese government promises to ban 'dodgy' trading practices.
- Author
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Grattan, Michelle
- Subjects
UNFAIR competition ,CONSUMER protection ,TIME-based pricing ,CONSUMERS ,HOTEL rooms - Abstract
The Albanese government has pledged to ban unfair trading practices, including "dodgy" tactics that make it difficult for consumers to end subscriptions or add hidden fees to purchases. The government aims to address issues such as subscription traps, drip pricing, deceptive online practices, dynamic pricing, and difficulties in contacting businesses for consumer issues. The reforms will empower consumer protection agencies to pursue breaches and ensure suppliers provide remedies when legally required, with penalties for non-compliance. Prime Minister Anthony Albanese emphasized the need to stop hidden fees and traps that contribute to the rising cost of living. [Extracted from the article]
- Published
- 2024
231. Pitfalls & Possibilities.
- Author
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Uehlein, Joe
- Subjects
- *
CARBON sequestration , *CLIMATE change , *UNFAIR competition , *GREEN New Deal (United States) , *ENVIRONMENTAL activism - Abstract
The article discusses the need for the US labor movement to prioritize worker solidarity and address the intersection of labor and climate issues. It highlights the challenges faced by working people in meeting their basic needs and argues that the environmental movement must understand and address these concerns in order to gain support from workers. The article also criticizes the US labor movement for its historical lack of focus on climate change and advocates for a robust federal Just Transition program to support workers in transitioning to a climate-safe world. It calls for the labor movement to develop a climate plan and disassemble the divisions that exist between labor and climate issues. [Extracted from the article]
- Published
- 2024
232. European auto logistics seeking visibility in fluctuating market for new vehicles: EU tariffs on China could alter vehicle trade flows but there are other fluctuating factors influencing Europe's auto logistics.
- Author
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Todd, Stuart
- Subjects
AUTOMOBILE manufacturing ,TRADE blocs ,INTERNATIONAL trade ,CARBON offsetting ,UNFAIR competition ,ELECTRIC automobiles - Published
- 2024
233. Trabajo penitenciario, sistemas de preferencias aduaneras y trabajo decente: análisis crítico y perspectivas.
- Author
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SITZIA, Andrea and LOPEZ, Benoît
- Subjects
- *
UNFAIR competition , *EUROPEAN Union law , *PSYCHOLOGICAL vulnerability - Abstract
Resumen: Aunque el trabajo penitenciario se percibe ante todo como una práctica de competencia desleal inadmisible en los sistemas de preferencias aduaneras, también puede concebirse de otra manera. En particular, cabe preguntarse qué condiciones ha de cumplir para ser un trabajo decente y un instrumento de reinserción. Tras un minucioso análisis jurídico, en el que se comparan las normas pertinentes de la OIT con la normativa aduanera de la UE y la OMC en el marco de la teoría de las capacidades, se aboga por elaborar un conjunto de normas del trabajo penitenciario que se inscriben en diversas ramas del derecho. [ABSTRACT FROM AUTHOR]
- Published
- 2023
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234. The First Hungarian Competition Act in the Judicial Practice.
- Author
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Krusóczki, Bence
- Subjects
- *
UNFAIR competition , *LEGAL history , *ANTITRUST law , *ECONOMIC competition , *CONSUMERS - Abstract
This entry will deal with the history of competition law, including the first substantive competition law of Hungary, i.e Article V of 1923, which contained provisions regarding unfair competition. Currently, unfair competition is the subject of competition law, one of the branches of economic law, which contains regulations regarding the protection of economic competition and the prevention of consumer detriment. The purpose of Article V of 1923 was to offer general protection against any form of unfair competition. However, the description of each provision of the Article and the detailed demonstration and investigation of their practical implementation is not the topic of this entry. The present paper will specifically focus on the arbitral tribunals of the Chamber and the practice of the jury since the fact that the duty and practice of these two bodies were highly significant for the application of the law in that era can be clearly concluded from the summary of research results. [ABSTRACT FROM AUTHOR]
- Published
- 2023
235. EQUAL CITIZENSHIP AND INCLUSIVE POLICY: LESSON FROM FEMALE FISHERMEN MOVEMENT IN COASTAL AREA, INDONESIA.
- Author
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WIDANINGRUM, Ambar and WAHYUDI, Dimas
- Subjects
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IDENTIFICATION cards , *FISHERS , *COMMUNITIES , *CITIZENSHIP , *UNFAIR competition , *LEGAL recognition , *SEX discrimination , *ORGANIZATIONAL citizenship behavior , *FEMININE identity - Abstract
This study aims to analyze the community movements of female fishermen, to obtain justice and fight discrimination for equal citizenship. Issuance of Indonesian Law concerning the protection of fishermen as a formal law to protect fishermen does not fully target female fishermen groups. One of the female fishermen movements in the coastal communities, which is joined by a community organization, was trying to request an adjustment of the occupation identity written in the National Identification Card (NIC) from housewife to fisherman to access the benefits of this law. Using four key dimensions of citizenship proposed by Stokke (2017), this paper seeks to fill a gap in the study of participatory and inclusive policy at the community level. We found that female fishermen experience unjust treatment in terms of recognition, welfare distribution, and political representation. They developed a shared identity based on their awareness of and encounters with unfair treatment, which is expressed in all four dimensions of citizenship, membership, legal status, rights, and participation. They learned a lot from this experience about how to identify each problem related to the four dimensions of citizenship, which serves as a strategy for developing and enhancing their sense of citizenship identity. Through a series of advocacy efforts and agreements, the recognition of female fishermen's citizenship is pursued to fulfill their requests. These female fishermen's initiatives to secure legal recognition of their identity employ transformative and affirmative strategies. This legal recognition will strengthen their access and other positive externalities, particularly on the welfare distribution programs and political representation. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
236. 公平竞争与企业生产率:配置优化还是竞争逃离?.
- Author
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张敏敏 and 张国琰
- Subjects
UNFAIR competition ,RENT seeking ,FACTORS of production ,RESOURCE allocation ,GOVERNMENT business enterprises ,INDUSTRIAL productivity - Abstract
Copyright of Journal of Technology Economics is the property of Chinese Society of Technology Economics and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2023
237. MUHASEBE MESLEK MENSUPLARININ HİZMET VERİRKEN KARŞILAŞTIKLARI SORUNLAR VE BEKLENTİLERİ.
- Author
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YANIK, Ahmet, TOPTAN, Merve, and YILDIZ, Ferah
- Subjects
ACCOUNTANTS ,UNFAIR competition ,DISTRIBUTION (Probability theory) ,ATTITUDE change (Psychology) ,TAX laws ,DESCRIPTIVE statistics - Abstract
Copyright of Sakarya Journal of Economics / Sakarya Iktisat Dergisi is the property of Sakarya Journal of Economics / Sakarya Iktisat Dergisi and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2023
238. DIVERSITY OF NATIONAL LEGAL APPROACHES FOR PROTECTION OF GEOGRAPHICAL INDICATION IN AFRICA: RETHINKING THE BEST OPTION FOR TANZANIA.
- Author
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NDUNGURU, Adrian F., HAULE, Romuald, and MWANGA, Elia
- Subjects
UNFAIR competition ,COVID-19 pandemic ,FINANCIAL markets ,ECONOMIC activity - Abstract
The study was centered on the main objective of examining three approaches of protection of geographical indications which trademark system, sue generis system and the unfair competition system. This paper is intended to study various approaches of legal framework for protection of geographical indications as applied in different countries with the view of ascertaining the strength and weakness of each approach in order to recommended the right approach for Tanzania. The main problem which prompted the study is results from flexibility of the system for protection of geographical indications allowed by the WTO Agreement on Trade Related Aspects of Intellectual Property Rights of 1994. On part of methodology, the study is qualitative in nature and uses mainly secondary date derived by using documentary review of various international legal instruments, reports, legal text books, articles and conference papers based on protection of geographical indications. Data were analyzed by using content analysis in which the researcher sorted data basing on the relevancy of the content on the study objectives of the study. Generally, the findings has revealed that, apparently states protects geographical indications by using trademark laws, sue generis or specific laws and unfair competition system. However, the more comprehensive and effective approach that Tanzania can adopt is the sue generis system because it provided for specific standards for protection of geographical indications which cannot be mixed with trade mark or competition laws. [ABSTRACT FROM AUTHOR]
- Published
- 2023
239. Prison labour, customs preference schemes and decent work: Critical analysis and outlook.
- Author
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SITZIA, Andrea and LOPEZ, Benoît
- Abstract
In customs preference schemes, prison labour is primarily viewed as unfair competition, to be rejected out of hand. This form of employment can, however, be understood differently, notably by considering the conditions under which it may constitute decent work, and by seeing it as a tool for rehabilitation. Following an in‐depth legal analysis, in which they compare the relevant standards of the ILO to EU and WTO customs regulations in the light of the capability approach, the authors call for the development of a set of rules drawing on several branches of law relating to prison labour. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
240. Antitrust, workers' rights and algorithms:.
- Author
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Das, Roshni
- Subjects
EMPLOYEE rights ,ANTITRUST law ,GIG economy ,LEGAL terminology ,UNFAIR competition ,LAW reform ,ELECTRONIC commerce ,LEGAL education - Abstract
An Uber Ambivalence: Employee Status, Worker Perspectives, and Regulation in the Gig Economy. The final chapter in Posner's work is devoted to the legal argumentation behind why gig workers are classified as independent contractors rather than employees. For more ethnographies on different types of gigs and their repercussions on workers' lives, see Alexandrea J. Ravenelle's contribution, titled: "Hustle and Gig" (2019). The workers at the top end of this spectrum constitute approximately 30% of the gig workforce and also conduct gigs that are transnational in nature; they are not covered here (Kassi & Lehdonvirta, 2018). [Extracted from the article]
- Published
- 2023
- Full Text
- View/download PDF
241. PROTECTING PUBLIC HEALTH AMIDST DATA THEFT, SLUDGE, AND DARK PATTERNS: OVERCOMING THE CONSTITUTIONAL BARRIERS TO HEALTH INFORMATION REGULATION.
- Author
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Garon, Jon M.
- Subjects
- *
PUBLIC health , *DATA protection , *DATA security failures , *MEDICAL care , *MEDICAL information storage & retrieval systems , *RESTRAINT of trade , *UNFAIR competition - Abstract
The article examines the protection of public health amidst data theft and ways to overcome constitutional barriers to health information regulation. Topics include components and vulnerabilities to the health infosystem, individual autonomy in health care and health information, role of the U.S. Federal Trade Commission (FTC) in policing unfair and deceptive trade practices, health care information reform limitations and regulation of user experience to protect against false information.
- Published
- 2023
242. Unfair Commercial Practices and Individual Consumer Claims for Damages – The Transposition of Art. 11a UCP Directive in Germany and Austria.
- Author
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Alexander, Christian
- Subjects
DAMAGE claims ,CONSUMERS ,CONSUMER protection ,DISCHARGE of contracts ,UNFAIR competition - Abstract
Article 11a(1) UCP Directive obliges the Member States to provide individual rights for consumers harmed by unfair commercial practices. This new provision is intended to ensure that consumers have access to proportionate and effective remedies, including compensation for damage suffered and, where relevant, a price reduction or the termination of the contract. Although the laws against unfair competition in Germany and Austria have similar basic structures, the transposition of Art. 11a(1) UCP Directive shows some significant differences in the way national law provides individual protection for consumers. The legal systems in Germany and Austria are confronted with challenges both in the correct transposition of Art. 11a(1) UCP Directive and the incorporation of individual consumer claims for damages into the structures of domestic law. This article intends both to give a first overview and also to attempt to answer some of the open questions. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
243. ANTITRUST RULEMAKING: THE FTC'S DELEGATION DEFICIT.
- Author
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MERRILL, THOMAS W.
- Subjects
ANTITRUST law ,UNFAIR competition ,AUTHORITY - Abstract
The Federal Trade Commission’s (FTC’s) recent assertion of authority to engage in legislative rulemaking in antitrust matters can be addressed in terms of three frameworks: the major questions doctrine, the Chevron doctrine, and as a matter of ordinary statutory interpretation. The article argues that as a matter of ordinary statutory interpretation the FTC has no such authority. This can be seen by considering the structure and history of the Act and is confirmed by the 1975 Federal Trade Commission Improvements Act. Given that the result follows from ordinary statutory interpretation, it is unnecessary for courts to consider the other two frameworks. [ABSTRACT FROM AUTHOR]
- Published
- 2023
244. EFFORTS TO PREVENT UNFAIR COMPETITION AMONG BANK NOTARIES.
- Author
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Octarina, Nynda Fatmawati and Nababan, Yulianti Buring
- Subjects
UNFAIR competition ,BANKING industry ,ORGANIZATION management ,LAW enforcement ,ACQUISITION of data - Abstract
In the world of banking several times, there has been unfair competition for bank notaries. Banks only want to use the services of certain notaries, so other notaries find it difficult and are not allowed to provide their services. This research aims to discover the efforts made to prevent unhealthy competition from bank notaries. This research is normative research using statutory and conceptual approaches. Data collection was carried out using a literature study. Data analysis was carried out using the deductive method. The results of the study stated that preventing unhealthy competition from notaries could be done by opening up opportunities and information for notaries to get clients who make agreements with banks. In addition, supervision is needed from the Indonesian Notary Association organization, as well as strict law enforcement regarding violations of notary ethics who are proven to have monopolized the service of making agreement deeds in the banking sector. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
245. Developments and Potential Management Issues of a Perennial Hot Selling Cut Flower Case.
- Author
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Feng C. -F., Huang L. -C., and Chiu Y. -C.
- Subjects
CUT flowers ,BUSINESS success ,CULTIVARS ,INTELLECTUAL property ,LIMITATION of actions - Abstract
Purpose. The commercial Life of cut flower varieties was generally considered to be as short as fashion. However, this study provides an example of a perennially popular cut flower variety that offers an alternative perspective on the potential of the cut flower market. Methods. Semi-structured interview and qualitative document analysis. Results. This article presents an analysis of the evolution of the cultivation and sale of a popular cut flower species over time. It also discusses the impact of a trading company on various stakeholders in the supply chain, as well as relevant business and legal considerations. Conclusions. This article highlights the importance of effective management of the Notification Letter, related agreements and intellectual property rights, taking into account the potential legal and business implications arising from the relevant transactions and statute of limitations. In addition, the article provides valuable insights for breeders and stakeholders seeking to establish identities for new plant varieties in markets, highlighting the importance of understanding the supply chain and implementing appropriate intellectual property strategies and portfolios, such as trademarks and plant variety rights, to facilitate business success. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
246. Multilevel Madness: Regulating Unfair Business Practices in Multilevel Marketing.
- Author
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Ke, Jessica
- Subjects
MULTILEVEL marketing ,TRADE regulation ,UNFAIR competition ,BUSINESS models ,CORONAVIRUS diseases ,TELECOMMUTING - Abstract
Multilevel marketing businesses ("MLMs") sell everything from makeup to protein shakes, from dietary supplements to legal services. During the COVID-19 pandemic, people facing income insecurity who wished to work from home turned to the social-media driven MLM business model in droves. Most MLM participants, however, make little, if any, money from their participation in the multibillion-dollar industry. Recently, there has been a push to remove the exemption that excludes most MLMs from disclosure obligations under the Federal Trade Commission's Business Opportunity Rule. Although this is a step in the right direction, disclosure itself is not a complete answer to the harm MLMs can inflict upon participants. This Note recommends that the Federal Trade Commission promulgate a rule identifying certain business practices used by MLMs as per se unfair using its rulemaking authority under Section 57a of the Federal Trade Commission Act. Doing so would allow the Commission to seek consumer redress from companies that violate the rule and exploit participants for economic gain. [ABSTRACT FROM AUTHOR]
- Published
- 2023
247. Intensi Melakukan Tindakan Plagiasi oleh Mahasiswa Akuntansi: Dampak Perkembangan Teknologi dan Unfair Competition
- Author
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Briyan Efflin Syahputra, Anggit Esti Irawati, and Nur Ariefin Addinpujoartanto
- Subjects
Academic Fraud ,Plagiarism ,Technological Development ,Unfair Competition ,Accounting. Bookkeeping ,HF5601-5689 ,Business mathematics. Commercial arithmetic. Including tables, etc. ,HF5691-5716 - Abstract
Purpose: This study examines how technological development and unfair competition affect students' motivations to plagiarize. Methodology/approach: This study employs a quantitative methodology and a survey as its primary research tool. In order to gather information for this study, questionnaires were also used. 257 accounting students, including those pursuing diploma, bachelor's, master's, and doctoral degrees, who were enrolled in 16 universities in the Province of DIY made up the entire sample size for this study. Findings: Technological development and unfair competition have both been shown to have a positive impact on students' intentions to plagiarize. Practical and Theoretical contribution/Originality: The findings of this study can be used as a reference option for policy makers in various types of educational institutions, especially in tertiary institutions in order to develop effective anti-plagiarism policies. Research Limitation: This study was not carried out comprehensively to all universities in the Province of DIY that have Accounting Study Programs. The 257 respondents in this study only came from 16 universities. Considering that there are quite a number of universities in DIY that have Accounting Study Programs, it is hoped that future researchers will be able to broaden the range of respondents' origins.
- Published
- 2023
- Full Text
- View/download PDF
248. Championing Data Privacy In HR Tech.
- Author
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Sharma, Gaurav
- Subjects
DATA privacy ,IDENTITY theft ,PHISHING ,TALENT management ,RESTRAINT of trade ,MACHINE learning ,UNFAIR competition ,DATA security insurance - Abstract
This article discusses the importance of data privacy in HR technology and the potential risks of data breaches. It highlights that data breaches are not limited to large companies and can also affect small to medium-sized businesses. The article provides examples of data breaches in various companies and emphasizes the negative impact on employee trust, productivity, and morale. It also mentions the importance of complying with data privacy regulations and provides guidelines for businesses to protect sensitive personal information. The article concludes by discussing the use of AI-powered cybersecurity software to enhance data protection. [Extracted from the article]
- Published
- 2024
249. Employers Beware: Worker Misclassification as Anticompetitive Conduct?
- Author
-
Hebda, Kasia
- Subjects
EMPLOYERS ,GIG economy ,INTERNATIONAL competition ,TEMPORARY employment ,LABOR laws ,UNFAIR competition ,LETTERS of intent ,ANTITRUST law ,RESTRAINT of trade - Abstract
Commissioner Alvaro M. Bedoya of the Federal Trade Commission (FTC) argued that worker misclassification should be considered an unfair method of competition under Section 5 of the FTC Act. Worker misclassification occurs when an employer classifies a worker as an independent contractor instead of an employee. Bedoya stated that this practice distorts competitive conditions and can be coercive and exploitative. The FTC's role in combatting worker misclassification would complement the work of the Labor Department and the National Labor Relations Board. The Department of Justice also expressed a similar view, suggesting that misclassification could result in competitive harm. The effects of the FTC and DOJ's interest in worker misclassification are yet to be seen. [Extracted from the article]
- Published
- 2024
250. Anticollusion Enforcement: Justice for Consumers and Equity for Firms.
- Author
-
Dasgupta, Sudipto and Žaldokas, Alminas
- Subjects
ANTITRUST law ,OLIGOPOLIES ,COLLUSION ,UNFAIR competition ,STOCKS (Finance) ,PRICE fixing ,CARTELS - Abstract
We consider the case of changing competition that comes from stronger antitrust enforcement around the world to show that, as the equilibrium switches from collusion to oligopolistic competition, firms step up investment and increase equity issuance. As a result, debt ratios fall. These results imply the importance of financial flexibility in surviving competitive threats. Our identification relies on a difference-in-differences estimation based on the staggered passage of leniency programs in 63 countries around the world from 1990 to 2012. [ABSTRACT FROM AUTHOR]
- Published
- 2019
- Full Text
- View/download PDF
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