Unfair Trade Research Articles

Neurofeedback: potential for abuse and regulatory frameworks in the United States.

Neurofeedback is a brain-training technique that continues to develop via ongoing innovations, and that has broadening potential impact. Once confined primarily to clinical and research settings, it is increasingly being used in the general population. Such development raises concerns about the current regulatory mechanisms and their adequacy in protecting patterns of economic and political decision-making from the novel technology. As studies have found neurofeedback to change subjects' preferences and mental associations covertly, there is a possibility it will be abused for political and commercial gains. Current regulatory practices (including disclaimer requirements, unfair and deceptive trade practice statutes and undue influence law) may be avenues from which to regulate neurofeedback influence. They are, however, limited. Regulating neurofeedback will face the line-drawing problem of determining when it induces an unacceptable level of influence. We suggest experiments that will clarify how the parameters of neurofeedback training affect its level of influence. In addition, we assert that the reactive nature of the traditional models of regulation will be inadequate against this and other rapidly transforming technologies. An integrated and proactive regulatory system designed for flexibility must be adopted to protect society in this era of modern technological advancement. This article is part of the theme issue 'Neurofeedback: new territories and neurocognitive mechanisms of endogenous neuromodulation'.

Vigilancia Inteligente del Comercio Exterior: Detección de Anomalías en las Importaciones del Ecuador con Minería de Datos

This study employs advanced data mining techniques to comprehensively analyze Ecuador's import data spanning three decades, from 1990 to 2021. By leveraging the k-means clustering algorithm, we meticulously identified anomalies within tariff items. The study utilized a comprehensive dataset that encompassed tariff items, years, and critical variables such as import volume, CIF and FOB values, import cost, and trade attractiveness. The data mining model generated insightful reports that accurately pinpointed an omalous patterns in tariff items. These reports empower experts to delve into the underlying causes of these anomalies, enabling them to make well-informed decisions to optimize Ecuador's import strategies. Our research underscores the transformative potential of data mining in detecting import anomalies, providing valuable intelligence for the strategic management of Ecuador's foreign trade. The findings contribute significantly to the prevention of customs fraud and unfair trade practices, ultimately enhancing the competitiveness of the country's import sector.

Legal and Commercial Dynamics of E-Consumer Protection: Navigating Challenges in India's Digital Economy

India's digital economy has experienced rapid growth, significantly transforming consumer behavior and market practices. This expansion has underscored the critical need for robust e-consumer protection frameworks to address the rising incidents of fraud, data breaches, and unfair trade practices. This study delves into the legal and commercial dynamics influencing e-consumer protection in India, beginning with an exploration of the historical evolution of consumer protection laws. It analyzes key legislation such as the Consumer Protection Act, 2019, and the Information Technology Act, 2000, assessing their relevance and effectiveness in the digital age. The study also examines the commercial dynamics of India's e-commerce sector, focusing on various business models like B2C, C2C, and platform-based businesses, and their implications for consumer rights. Additionally, it identifies challenges such as enforcement issues, jurisdictional complexities in cross-border transactions, and the impact of technological advancements, including data privacy concerns and cybersecurity threats. A comparative analysis of international best practices, particularly from the EU and the USA, provides insights into global standards in e-consumer protection and how these can be adapted to the Indian context. The study concludes with policy recommendations aimed at strengthening existing legal frameworks, enhancing regulatory oversight, and encouraging self-regulation and ethical practices among e-commerce players. It also explores future trends and innovations that could further shape e-consumer protection in India. By addressing these challenges and proposing actionable solutions, the study offers a comprehensive understanding of the current state and future directions of e-consumer protection in India's evolving digital economy.

Navigating Market Movements: The Role of Herd Behaviour in Indian Stocks

When an individual elects to allocate their financial resources towards the stock market for the initial occasion or on a consistent basis, yet possesses insufficient knowledge pertaining to market analysis and investment strategies, the primary issue or inquiry that emerges is the appropriate allocation of capital. In more straightforward terms, this involves determining whether to invest in equity shares, preference shares, debentures, or to allocate resources to mutual funds, and if so, in which specific equity/preference shares, debentures, or mutual funds the investment should be made. Individuals may either engage the services of a stock broker to manage their investments on their behalf or choose to undertake the investment process independently. In both scenarios, their decision-making processes are likely to be influenced, either wholly or partially, by herd behaviour, commonly referred to as the bandwagon effect. Individuals tend to adhere to prevailing trends. When a substantial cohort of individuals engages in investment in a particular stock, there exists a propensity among others to similarly invest in that stock, often without conducting thorough independent analysis. They possess a belief that a significant collective cannot err. The bandwagon effect is an inherent phenomenon that is relatively innocuous to a certain degree; however, it can occasionally be strategically manipulated to influence market movements in a preferred direction, an action that may constitute unfair trade practices and is frequently observed within the stock market. While herd behaviour in everyday situations may be benign, it can prove detrimental when related to investment decisions.

Darker Patterns? AI-generated Persuasion and the Regulatory Void in Indian Law

Increased time spent by users in virtual environments globally coupled with the choice architectures created by artificial intelligence (AI) systems within these virtual environments means that the AI systems can ‘persuade’ users to take certain actions or abstain from them. In this article, we address this issue through the lens of ‘dark patterns’. Dark patterns are features of the user interface that shape the actions of the users in different ways, getting them to act in ways that they might not act otherwise and that are not necessarily beneficial for them. Recently, regulatory action has been undertaken in various jurisdictions to contain the menace of dark patterns, including in India. But can these measures prevent dark patterns that are powered by AI systems? In this article, we argue that they cannot, as AI-powered dark patterns work at a deep level of behavioural change, making users’ choices appear uninfluenced by manipulation. The laws pertaining to unfair trade practices, transparency and labelling obligations are also not sufficient to deal with these problems. We conclude with an appeal for a holistic approach to AI-powered dark patterns that engage in persuasive behaviour.

Sustainable Development Goals Against Unfair Business Competition Practices in Electronic Environment in Jordanian Legislation – Comparative Study

Objective: this study is to investigate to attempt to provide some legal assurance for fair and reasonable competition among business actors to sustainable development. Theoretical Framework: In this topic, digital market (e-commerce) is, the market reality today for Jordanian businesses and customers, and unfair business competition in the digital market is a new phenomenon. Hence, in the Jordanian context, this study attempted to impose more rules in order to reduce the potentials for unfair competition. Method: The study used the legal approach through used of the descriptive doctrinal approach by referring to laws, books, research and other references via the Internet. As for the comparative approach, such as referring to the law of the United Kingdom, French law and other laws to reach solutions to address unfair competition in e-commerce in Jordan. Results and Discussion: The rules in Jordan are not adequate in imposing some obligations and in protecting against illegal competition between merchants. In this regard, this study recommended the Jordanian unfair competition law and trade secrets 2000 need some amendments to keep abreast with the advancements in electronic transactions and to keep in line with the Law of Electronic Information and Transactions. Research Implication: The execution of e-commerce has challenged by several issues such as language, regulations, taxation, difficulties in recognizing actors, and countries’ legal differences, especially in Jordan. Originality/ Value: This research is the originality and creativity of the researcher and has not published before. It is a new work, which distinguishes the research from previous studies.

Trade War Between US and China

This paper examines the US-China trade war (2018-2019) and its multifaceted impact on globalization. It explores the causes of the conflict, including China's alleged unfair trade practices and the US trade deficit. The research analyzes the war's consequences on both nations, encompassing economic disruptions, job losses, and agricultural decline. Additionally, the paper investigates the impact on other countries, with some benefiting from trade diversion while others facing economic strain. Finally, the involvement of US multinational corporations (MNCs) is explored, considering their potential support for some trade war goals while opposing increased tariffs that burden their operations. Keywords: US-China Trade War, Globalization, Trade Tariffs, Unfair Trade Practices, Trade Deficit, Economic Disruptions, Job Losses, Agricultural Decline, Trade Diversion, Multinational Corporations (MNCs)

Protection of intellectual property rights against unfair trade practices in the European Union

It is indicated that each state must ensure fair competition in its market in order to support economic growth. This provision is also relevant for the European Union, within which the primary importance is to ensure free competition for the further development of a single system of circulation of goods, works and services, promotion of innovation and creativity, job creation and increased competitiveness, as all this is necessary for the EU to compete in global economy. This article provides a general analysis of the correlation and interaction between the provisions of intellectual property law and the provisions of competition law in the European Union (EU). In particular, the author examines the peculiarities of legal regulation of economic competition and intellectual property protection at the EU level, the state of compliance with EU competition law in the process of exercising and protecting intellectual property rights, and the role of court decisions in determining the balance between intellectual property protection and competition law requirements. The author emphasises that despite different objectives, competition law and intellectual property law have a common basis and therefore actively interact, i.e. these two systems are synergistic. The author analyses possible options for the relationship between protection against unfair competition and intellectual property laws, including the means that would reduce the often existing «tension» between them. Due to the need for a common regulatory framework to ensure that laws are in line with dynamic trade practices, the EU’s unfair competition laws are mostly flexible and general in nature. The author identifies the measures currently being taken by the EU to optimise the rules in this area. The author concludes that intellectual property protection, as well as effective antitrust regulation, are the most important legal mechanisms created to ensure economic growth based on the development and expanded use of innovations. The author also examines the measures currently being taken by the EU to optimize the rules in this area. It is concluded that the general trend of further development and improvement of interaction between antitrust and intellectual property legislation in the EU should be, first of all, overcoming regulatory and institutional dispersion.

Research on the Regulation of Unfair Trade Practices in Virtual Assets: Focusing on IOSCO's CDA Recommendations and Act On The Protection Of Virtual Asset Users

Research on the Regulation of Unfair Trade Practices in Virtual Assets: Focusing on IOSCO's CDA Recommendations and Act On The Protection Of Virtual Asset Users

Unfair trading practices in the agri-food chain

Unfair trading practices in the agri-food chain

Areas and situations for the study of water sustainability

The Social Sciences have contributed to the study of Sustainable Development from economic analysis, political, social, psychological and media on the consumption of natural resources in reference to their availability, extraction, and distribution, supply and recycling. In this sense, the objective of this work is to outline eight areas for the analysis of water issues. The relationship between availability and consumption of water belonging to the public supply network is described to establish a system of water tariffs set to situational water areas. In the case of water consumption rates, they seem to be due to public policies "clientelistic" that make it unfair charging system, subsidies, penalties, trading and transparency. The prevalence of clientelist system encourages water and increases the problems of conflicts between citizens and government through neighborhood networks against administrative authorities. In the future, the trend of availability and water consumption seems to outline a situation of extreme scarcity in which conflicts over water supply will be an indicator to explain economic crisis, political, social and individual. The discussions of water issues that prevent humanity develop sustainably contribute in building a public agenda water.

The Adequacy of Jordanian Legislation in Protecting the Trademark to Attract Foreign Investments

Aim: This study aims to explain the entity of a trademark, its commercial trademark standards and judicial applications involved, the effect of trademark protection on attraction of foreign investments, aspects of trademark which attracts foreign investments within Jordanian and international legislations and the position of Jordanian law towards the famous and infamous trademark in protection without distinction. Implications: The trademark has become the center of attention to all countries including Jordan, and due to expansion in its use among products and services, countries and governments including Jordan decided to form legislations and laws organizing this purpose which guarantee the rights of all to attract foreign investments, taking into consideration the rapid technological development which influences expansion of the trademark and attraction of foreign investments, as this study shows the legal framework of the trademark and legal protection to it. Method: The researcher adopted the descriptive analytical method in the study to achieve the desired goals through the use of previous studies, laws, legislations, world and Jordanian agreements organizing this topic. Results: The study reached a number of results including: firstly, the trademark legal provisions in the Paris Agreement (1883), the TRIPS Agreement (1994), the Trademark Law No. (33) of the year (1952), and the Unfair Competition and Trade Secrets Law No. (15) of the year (2000) worked to protect trademarks, which helps attract foreign investments to Jordan. Secondly, expansion of the framework of protection of a trademark in Paris Agreement, where it extended to include the service mark side by side to a trademark and industry mark, and its registration and use include similar and different products and thirdly, Jordanian Trademark Law No. (34) of 1999 regarding trademark protection and preventing the registration of a trademark that is similar or identical, or shapes another trademark, or the use of another similar trademark upon registration that imitates international agreements, which upholds attracting foreign investments to Jordan.

Modernisation of legislation in the field of economic and commercial activity in the context of European integration

The article deals with the issues of peculiarities of modernisation of legislation in the field of trade and economic activity in the context of European integration.It is noted that economic and trade activity is the industry which is subject to active modernisation, taking into account the requirements of the Association Agreement. The author concludes that the obligations to adapt Ukrainian legislation to EU legislation in trade have changed due to the fact that a number of EU acts have been amended or repealed, and therefore it is now important to implement the novelties of EU legislation in the period after ratification of the Association Agreement.
 The term «economic and commercial activity» used in the Commercial Code of Ukraine essentially means trading activities carried out by business entities. Expanding the scope of digitalisation of economic and commercial activities is another vector of European integration.
 The food supply chain is vulnerable to unfair trade practices due to a sharp imbalance between small and large agricultural market operators. In Ukraine, we see unfair practices when large retailers dictate the terms of market entry and payment for products. Therefore, the implementation of the provisions of Directive 2019/633 of the European Parliament and of the Council of 17 April 2019 on unfair trade practices between undertakings in the agriculture and food sectors is important for Ukraine.
 In general, EU legislation is quite dynamic, especially given the direction of EU policy towards the development of a green economy and digitalisation, and a number of provisions are being adopted to improve trade in these areas. For Ukraine, an important task is not only to adapt national legislation to the existing EU acts, but also to take into account the legal policy ideas that are actively discussed and developed in the EU, in particular, the provisions on harmonisation of business law.

HOW EFFECTIVE AND EFFICIENT ARE THE NEW “PROGRESSIVE” PUBLIC POLICIES?

In this work we deal with the recent (1995-2024) Federal Reserve operated monetary policies, which were two unprecedented and distinct monetary policy regimes. They were, the inflation stabilization era (1995-2008) and the zero-interest rate era (December 15, 2008-December 15, 2015) and again (March 15, 2020-March 15, 2022), plus the current corrective period (March 16, 2022-present). These different monetary policy regimes provided various outcomes for interest rates, financial markets, inflation, cost of living, employment, international trade, and real economic growth. Then, a new “progressive” fiscal policy was imposed in 2021. Some of the important, but not so beneficial results are that monetary policy appears to be able to affect long-term real interest rates, risk, the prices of the financial assets (bubbles), inflation, and very little the real economic growth. The Fed’s interest rate target was set during these nine years at 0% to 0.25%. It has created a low level of long-term interest rates and the negative real rate of interest (cost of capital), due to double digit inflation and a negatively sloped yield curve. The evidence suggests that these public policies are not very effective; they have created a new and continued bubble in the financial market, perpetuated inflation, enormous deficits and debts, a redistribution of wealth from risk-averse savers to banks and risk-taker speculators, and a huge social cost (bail-in and bail-out cost), an endless vicious cycle. This unfair and anti-social monetary policy has increased the risk (RP) to the risk-averse depositors by making the real rate of interest negative and the cost to taxpayers with the IOR and the IONRRP. The effects on growth and employment of both public policies (monetary and fiscal) were gradual, small, and questionable, due to exaggerated liquidity, outsourcing, unfair trade policies, the suspicious COVID-19 pandemic, liberalism, the obsession with the “environment”, the “war” against fossil energy, the enormous inflow of illegal immigrants, the new wrong ideologies, the control of human beings, the wars in Ukraine, Palestine and Lebanon, the division among the political parties and the unethical campaigns for the presidential elections, and other restrictions and “innovations”, which increased uncertainty, the cost of production and generated enormous deficits and debts.

Меры противодействия недобросовестным торговым практикам на зарубежных биржевых товарных рынках

Currently, one of the reasons for the increase in fuel prices at trading on exchanges is the use of unfair exchange practices by trading participants, which has been repeatedly emphasized by the Russian Ministry of Energy and the Federal Anti-Monopoly Service. The concept of “unfair trading practices” is not enshrined at the level of statutes and regulations of the Russian Federation, and therefore, exchanges determine actions that relate to such practices at their own discretion, which entails, in particular, regulatory risks for exchanges, and may negatively affect the market as a whole. This article analyzes foreign practice in terms of the level of enshrinement of types of unfair practices: the legislative and/or local level, as well as analyzes the types and criteria of unfair practices in order to further analyze the implementation of foreign experience in Russian laws or local instruments of exchanges. As a result of a comparative legal analysis, it was revealed that in each jurisdiction there is regulation of unfair practices both at the legislative level and at the level of trading rules, their types and criteria are established, which allows us to conclude that the regulation of unfair behavior in stock trading is an area in which the participation of both an exchange and the state is required, including in terms of establishing criteria and types of such behavior.

A Study On The Factors Influencing Purchase Behaviour Of The Customers Towards Silk Sarees In Kancheepuram

Studying the behavior of female consumers has become crucial. Consumers reign as the pivotal force in markets. Kanchipuram Silk boasts a rich historical legacy dating back to the early era of South India under the Pallavas. As a temple city and former capital of various South Indian dynasties, the silk handloom industry has thrived here, supported by royal patronage, elevating weavers to a prominent position in the social hierarchy. Businesses cannot operate without consumers. The rising costs of raw materials, particularly zari, emerge as a significant production hurdle, accompanied by challenges like working capital issues, increased use of counterfeit zari, and low wages. In marketing, the primary concern is the escalating prices of finished goods due to input cost hikes, followed by the influx of silk fabrics containing fake zari, unfair trade practices such as selling non-Kanchipuram products under its brand name, intermediary misconduct, lack of advertising, and the availability of cheaper alternatives. Understanding consumer behavior delves into their purchasing patterns, considering their roles as users, payers, and buyers. People's desires for products and services have dramatically expanded, leading to shifting attitudes and behaviors that can be sensitive to price fluctuations. To establish a study framework, various paradigms of thought that have influenced the discipline of consumer behavior need to be considered.

Население как участник фондового и срочного рынков: ожидания, риски, перспективы

The relevance of the article is due to the fact that the instruments of the stock and futures markets are currently considered by the population as an attractive alternative to traditional investments in bank deposits. This category of inves-tors, which ten years ago did not have any noticeable weight on stock and fu-tures markets, is gradually turning into active participants in the securities market, capable not only of ensuring the efficiency of the Russian economy, but also of overcoming market risks. The subject of the study is the activity of retail investors in the domestic finan-cial market during the period of tightening anti—Russian sanctions. The pur-pose of the work is to consider the specifics of citizens' investment behavior, identify the main trends of the current period and factors contributing to the further development of the investor protection system and increase citizens' confidence in financial markets. The article identifies the peculiarities of the de-velopment of the retail segment of the domestic market in the period 2022–2023, and on this basis it is concluded that the sanctions regime has caused significant damage to the Russian financial market, however, the degree of im-pact of the negative processes constraining its development turned out to be less significant than predicted by most researchers. The continuation of the regulator's work in terms of developing additional measures to protect inves-tors' rights and improve financial culture, coupled with the implementation of initiatives by trade organizers and the professional community, will make it possible to counteract the spread of unfair trading and marketing practices, improve the investment climate in the country, and strengthen the confidence of private investors in financial market instruments and institutions.

Major Reforms in Unfair Trade Regulation and Future Challenges - Comparing the Korean, U.S. and Japanese systems

Major Reforms in Unfair Trade Regulation and Future Challenges - Comparing the Korean, U.S. and Japanese systems

방송·통신 영역에서 자율규제와 법제도 구성에 관한 고찰

Self-regulation can be defined as “an organized business group self-regulating the actions of its members to protect users.” If there is a need to respect the autonomous discipline of the business organization itself in a specific field, it would be good to introduce a self-regulation system. In newly emerging areas, areas that are rapidly changing or areas that require specialized or policy considerations, would be appropriate for business organizations in those areas to self-regulate because existing legal regulations do not reflect reality or cannot properly reflect reality. Even if a self-regulation system is introduced, the degree of legal intervention in the self-regulation system of business organizations may vary depending on the characteristics of the industry. If the scope of the area is diverse or subject to frequent change, the scope of self-regulation may be narrowed due to strong legal intervention, and in areas dealing with detailed, technical, and specialized matters, the private sector should be able to demonstrate efficiency and expertise. It is desirable to reduce the degree of legal intervention through self-regulation. In relation to freedom of speech, due to the constitutional order to guarantee the public’s freedom of expression as much as possible, state regulation should be minimized, and self-regulation by business organizations to replace it is judged to be effective. In addition, due to the emergence of new technologies and technological advancement in the field of broadcasting and communications, regulation by the existing positive system for industries in this field makes efficient industrial development difficult. However, as the provision of information through social media, Internet news, OTT services etc., the side effects caused by digital media exceeded a certain level and reached a level of social conflict and infringement of other people’s rights, countries around the world have started to regulate illegal information through national legal regulations. Self-regulation was judged to be insufficient to prevent the creation and distribution of false information, hate speech, etc. In order for a self-regulatory system to operate properly, it is important to secure the democratic legitimacy of self-regulatory organizations, operational transparency, independence, and enforcement of regulations. The German self-regulatory organization for multimedia service providers is the German Self-Regulation Organization for Multimedia Service Providers(FSM). The German Youth and Media Protection Committee approved FSM, a self-regulatory organizationy, to protect youth from media content. The United States is a country that operates a representative private self-regulation system. However, direct administrative regulations have recently become more prominent in the broadcasting and communications fields due to issues such as unfair trade or monopoly. The UK's self-regulatory organization is the Internet Watch Foundation(IWF). IWF carries out tasks such as deleting posts related to child sexual abuse, blocking access, and preventing search/access, and is operating a hotline as the most basic activity to make this possible. The Australian Communications and Media Authority(ACMA) is the broadcasting and communications regulator. ACMA is a government-affiliated organization and is a co-regulation model between the government and the private sector that supports and cooperates in the establishment of industry codes. The self-regulation system stipulated in Korea’s Information and Communications Network Act is actually close to administrative regulation. It is appropriate for information and communication service provider organizations to determine and implement a code of conduct for information and communication service providers, rather than a matter to be stipulated in the Information and Communications Network Act,

AN ANALYSIS OF INTERPLAY BETWEEN ANTIDUMPING AND COMPETITION LAW

This paper has endeavoured to explore the connection between Competition laws and Anti-dumping, as well as the impact on consumers and policy implications. It aims to delve into the overlaps between the objectives of anti-dumping and competition, particularly in relation to price discrimination, predatory pricing, and other issues arising from unfair trade practices under antitrust laws. The conflict and coordination between these two legal domains in regulating behaviour are also carefully examined. . The regulation of trade is posited to be more effectively achieved through antitrust as opposed to antidumping. The author argues that applying antitrust criteria to anti-dumping will help mitigate the potential misuse of anti-dumping laws. While both legal frameworks stem from unfair trade practices, they diverge in their ultimate goals. . Antitrust is geared towards consumer welfare, while anti-dumping aims to safeguard producers. The author suggests that reforming antidumping in line with antitrust principles will ensure the continued relevance of anti-dumping measures.