Intersecction Beetwen Competition Law And Unfair Law
“CONSUMER PROTECTION”
The movement of consumer protection began in the early 60s of the twentieth century. It is based on the idea that there is a great imbalance between the consumer, the ordinary citizen, and businesses, with the result that they can commit and commit all kinds of abuses with impunity. To restore a balance in these relationships is essential to legislativeaction. It is therefore to protect consumers by imposing mandatory legal rules.
The consumer protection, protection is linked to the competitive system itself. Indeed, it is a fundamental principle of the market economy, it is the consumer who acts as referee, who gives success to competitors, since it is he, with his election, which purchases the products or services of a entrepreneurs and othersinvolved in the marketplace.
Given the traditional position of inferiority and helplessness that consumers are, it happens that they can not play the role they should play in the competitive system.
For this, the consumer protection by strengthening them, it also has a competitive function of first order, which is precisely to put consumers in a position to exercise their role in a market economysystem and pair is essential that the system can work properly.
Antitrust Law
Competition is the struggle for market. So that there should be a plurality competence of entrepreneurs (two or more) that offer similar products, and strive to attract the maximum consumers can.
Positives and negatives
The positive aspects of the competition is that it allows the opportunity to compete in the marketto anyone who wants. However, the negatives are numerous, allows the existence of monopolies, abuse of dominant power that suppress competition.
When this happens It may be a from a form of unfair competition, the undertaking is made to the market is not the best, but the one that behaves illegally.
Because of these negative aspects involved the right through the rules from competition in orderto protect the interests of undertakings, of general and of the consumers. That is, set the rules against unfair competition.
The American Model & The European Model
In the American model "Antitrust Law" is an association of companies that agree with each other to prevent competition exists between them, set a single price at which a product will sell. The result of this practice is similar tomonopoly, would be oligopoly in collusion. Unfortunately, these agreements are very difficult to detect.
The result of the "Trust" is that the companies that are winning share the market and there is no competition.
Traditionally, the Internal American Policy model antitrust policy was anti-Trust. On the other hand, the Foreign Policy, before the company was eliminated altering competition, butit changed a few years ago, and now there is a policy of business courtesy. What is done is a balance of interests (balancing approach). When you see a company affects competition from a market, this market is studied to see if the benefit outweighs the loss of competition, since it is possible that if the company were eliminated supply is eliminated.
The European model is structured as a realeconomic right of intervention, with the aim of achieving an integrated market on a competitive basis. It is an interventionist model.
The subjects to which they apply the European competition law are companies. Communally, the company is any public or private entity with autonomy or independence to exercise certain commercial market-oriented economic activities. And, from the material point ofview, that European competition law applies to all matters that fall within the Treaty establishing the European Economic Community (EEC Treaty) (Matters excluded from European competition law are: matters relating to agriculture, since the common agricultural policy prevails over politics European competition and Matters relating to the safe transport.).
In reference to the territory, the...
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