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The Committee's report examines the work of the Office of Fair Trading (OFT) as part of a programme of short inquiries into the non-departmental public bodies associated with the Department of Business, Enterprise and Regulatory Reform (formerly the DTI). A NAO report (HCP 593, session 2005-06; ISBN 0102936161) published in November 2005 highlighted three key areas of concern about the OFT and its approach to its work, focusing on making best use of its resources; improving the management of investigations; and improving the measurement of its achievements and the communication of its work. The Committee commends the OFT for its positive response to address these concerns, and although it is too soon to make a balanced assessment of the results, they are encouraged by the evidence of progress so far. The report also examines issues relating to staffing constraints, the merger referral threshold, the OFT's role in voluntary industry codes of practice, and the OFT's Consumer Direct telephone service.
The Fair Trading Act Handbook is a successor to Trotman & Wilson Fair Trading: Misleading or Deceptive Conduct, which focused specifically on the s9 prohibition on misleading or deceptive conduct and the remedies available for breach of that section. Its two editions have been widely used by practitioners and cited in the courts. With the introduction of a new purpose section and new provisions in 2013, and the anticipated increasing use of these and the other provisions, The Fair Trading Act Handbook provides a timely broadening of the respected commentary of its predecessor. It discusses all of the substantive provisions, as well as the civil and criminal remedies available following breach. It considers relevant cases on these provisions, and where information is available, discusses the Commerce Commissions use of more informal means of educating traders to enhance compliance through the use of compliance advice and warning letters.
"How Congress pillages the consumer and decimates American competitiveness"--Jacket subtitle.
Providing an indispensable comparative and in-depth resource, FAIR TRADING: MISLEADING OR DECEPTIVE CONDUCT 2nd edition, examines 26 years of section 9 case law and distils the consequent principles from the Fair Trading Act 1986. The authors explore the key elements of an action under section 9: namely that there is "conduct" "in trade" that is "misleading or deceptive". The authors then consider examples of potentially misleading or deceptive conduct: including nondisclosure of information, opinions and advice, laudatory statements, predictions and promises. The second part of the book covers procedural aspects, liability as a party or principal under the Fair Trading Act 1986, and its defences. Finally, remedies for a breach, including injunction, damages, and miscellaneous additional remedies found in section 43 are reviewed. As knowledge about and expertise in fair trading actions has become an integral and daily part of commercial law FAIR TRADING: MISLEADING ORDECEPTIVE CONDUCT 2nd edition will become the essential resource for commercial lawyers, litigators and students.
This critical account of the fair trade movement explores the vast gap between the rhetoric of fair trade and its practical results for poor countries, particularly those of Africa. In the Global North, fair trade often is described as a revolutionary tool for transforming the lives of millions across the globe. The growth in sales for fair trade products has been dramatic in recent years, but most of the benefit has accrued to the already wealthy merchandisers at the top of the value chain rather than to the poor producers at the bottom. Ndongo Sylla has worked for Fairtrade International and offers an insider’s view of how fair trade improves—or doesn’t—the lot of the world’s poorest. His methodological framework first describes the hypotheses on which the fair trade movement is grounded before going on to examine critically the claims made by its proponents. By distinguishing local impact from global impact, Sylla exposes the inequity built into the system and the resulting misallocation of the fair trade premium paid by consumers. The Fair Trade Scandal is an empirically based critique of both fair trade and traditional free trade; it is the more important for exploring the problems of both from the perspective of the peoples of the Global South, the ostensible beneficiaries of the fair trade system.
The Politics of Fair Trade is a brand new title that explores the current issues in fair trade, featuring in-depth analysis by the leading experts in this field. Edited by Meera Warrier, this exciting title boasts case studies of the key commodities involved in fair trade issues, plus an A-Z of entries dealing with issues, organizations, disputes, and relevant countries with regard to fair trade.
"This textbook provides an innovative, internationally oriented approach to the teaching of corporate social responsibility (CSR) and business ethics. Drawing on case studies involving companies and countries around the world, the textbook explores the social, ethical, and business dynamics underlying CSR in such areas as global warming, genetically modified organisms (GMO) in food production, free trade and fair trade, anti-sweatshop and living-wage movements, organic foods and textiles, ethical marketing practices and codes, corporate speech and lobbying, and social enterprise. The book is designed to encourage students and instructors to challenge their own assumptions and prejudices by stimulating a class debate based on each case study"--Provided by publisher.
This book examines the theories and practice of how to control corporate behaviour through legal techniques. The principal theories examined are deterrence, economic rational acting, responsive regulation, and the findings of behavioural psychology. Leading examples of the various approaches are given in order to illustrate the models: private enforcement of law through litigation in the USA, public enforcement of competition law by the European Commission, and the recent reform of policies on public enforcement of regulatory law in the United Kingdom. Noting that behavioural psychology has as yet had only limited application in legal and regulatory theory, the book then analyses various European regulatory structures where behavioural techniques can be seen or could be applied. Sectors examined include financial services, civil aviation, pharmaceuticals, and workplace health & safety. Key findings are that 'enforcement' has to focus on identifying the causes of non-compliance, so as to be able to support improved performance, rather than be based on fear motivating complete compliance. Systems in which reporting is essential for safety only function with a no-blame culture. The book concludes by proposing an holistic model for maximising compliance within large organisations, combining public regulatory and criminal controls with internal corporate systems and external influences by stakeholders, held together by a unified core of ethical principles. Hence, the book proposes a new theory of ethical regulation. This title is included in Bloomsbury Professional's International Arbitration online service.
Competition policy is an integral and prominent part of economic policy-making in the European Union. The EU Treaty prescribes its member states to conduct economic policy ‘in accordance with the principle of an open market economy with free competition’. More precisely, the goal of EU competition policy is “to defend and develop effective competition in the common market” (European Commission, 2000: 7). Under its Commissioners van Miert, Monti and, most - cently, Kroes the EU Commission has stepped up its effort to pursue and achieve the aforementioned goal. A number of so-called hard-core cartels, such as the - torious “vitamin cartel” led by Roche, have been detected, tried in violation of Art. 81 of the Maastricht Accord and punished with severe fines. Also Microsoft was hit hard by the strong hand of the Commission having been severely fined for - ploiting a dominant market position. Economic analysis has been playing an increasingly significant role in the Commission’s examination of competition law cases. This holds true in particular for merger control. Here, however, the Commission has had to accept some poi- ant defeats in court, such as the Court’s reversals of Airtours-First Choice or GE- Honeywell. Among other things, the European Court of Justice found the e- nomic analysis as conducted by the EU’s Directorate General for Competition to be flawed and the conclusions drawn not to be convincing. These rejections by the courts have stirred up the scholarly debate on the conceptual foundations of Eu- pean competition policy.