Journal articles: 'Trade practices act'

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Pengilley, Warren. "Medical rosters and the Trade Practices Act." Medical Journal of Australia 178, no. 7 (April 2003): 337–40. http://dx.doi.org/10.5694/j.1326-5377.2003.tb05226.x.

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Pengilley, Warren. "Medical rosters and the Trade Practices Act." Medical Journal of Australia 178, no. 11 (June 2003): 592. http://dx.doi.org/10.5694/j.1326-5377.2003.tb05377.x.

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Smith, Rhonda L. "Assessing Mergers under the Trade Practices Act." Australian Economic Review 29, no. 3 (July 1996): 274–78. http://dx.doi.org/10.1111/j.1467-8462.1996.tb00932.x.

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Kamvounias, Patty. "Health sector liability under the Trade Practices Act." Australian Health Review 22, no. 1 (1999): 81. http://dx.doi.org/10.1071/ah990081.

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Following the implementation of the national competition policy and the consequent exposure of unincorporated businesses to trade practices regulation, the health sector has faced increasing exposure to fair trading and competition issues. This article examines the rights and the obligations of health sector participants under the consumer protection and the restrictive trade practices provisions of the Trade Practices Act 1974 (Cwlth). The article outlines the relevant provisions and identifies examples of conduct that has breached the Act or that has the potential to breach the Act. The author notes that the Act has been applied to the health sector in the same way as it has been applied to all other sectors of the economy.

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Mcewin, R. Ian. "Vertical restraints in the Australian Trade Practices Act." Review of Industrial Organization 9, no. 5 (October 1994): 627–47. http://dx.doi.org/10.1007/bf01029980.

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Rose, Peter. "Resources Joint Ventures and the Trade Practices Act 1974." Journal of Energy & Natural Resources Law 9, no. 2 (January 1991): 95–123. http://dx.doi.org/10.1080/02646811.1991.11433712.

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King, Stephen P. "Reviewing the Trade Practices Act: The Dawson Committee Inquiry." Australian Economic Review 35, no. 4 (December 2002): 423–29. http://dx.doi.org/10.1111/1467-8462.00258.

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Williams, Philip L. "The Trade Practices Act and the Conditions of Entry." Australian Economic Review 27, no. 4 (October 1994): 108–11. http://dx.doi.org/10.1111/j.1467-8462.1994.tb00865.x.

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Kent, Pamela. "Pharmacies and The Trade Practices Act 1974 - A Survey." Australian Journal of Management 10, no. 2 (December 1985): 115–23. http://dx.doi.org/10.1177/031289628501000207.

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Bessant *, Judith. "Legal issues in higher education and the trade practices act." Journal of Higher Education Policy and Management 26, no. 2 (July 2004): 251–63. http://dx.doi.org/10.1080/1360080042000218294.

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Norman, Neville R. "Economic Analysis and Evidence in the Australian Trade Practices Act." Australian Economic Review 27, no. 4 (October 1994): 87–95. http://dx.doi.org/10.1111/j.1467-8462.1994.tb00862.x.

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Gear, George. "A minister's perspective on twenty years of the Trade Practices Act." Review of Industrial Organization 9, no. 5 (October 1994): 475–82. http://dx.doi.org/10.1007/bf01029974.

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Isaac, Joe. "Collective Bargaining under Trade Practices Law." Economic and Labour Relations Review 19, no. 1 (November 2008): 39–56. http://dx.doi.org/10.1177/103530460801900104.

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The Howard Government, supported by the Labor Opposition, legislated in 2007 to enable small businesses to engage in collective bargaining with large businesses under the Trade Practices Act. The object of the legislation is to facilitate greater equality in the bargaining power of the parties. Except where the small business sells goods/commodities rather than a service, a person who is ‘employed’ and the business that provides a ‘service’ are both effectively involved in the sale of labour or in the performance of work in the labour market. However, the legal concepts and procedures relating to collective bargaining in these two types of labour transactions are different. One, the ‘employment’ of persons, is placed in the category of workplace relations operating through labour law; the other, the ‘sale of services', is viewed as a commercial transaction, dealt with through commercial law. This paper considers the question of whether there are sufficiently significant differences between these labour/service transactions as to justify the application of two separate sets of laws to deal with them — one to cover transactions between employers and employees, and the other to cover transactions between small and large businesses. A case study will be used to illustrate the involved and unsatisfactory approach of the commercial law route in determining what is in essence a labour transaction rather than a commodity transaction.

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Kaushik, Prerna, Swagat Tripathy, Rishi Sharma, and Harish Dureja. "Anti-Monopoly and Competition Laws - Impact on the Indian Pharmaceutical Industry." Applied Clinical Research, Clinical Trials and Regulatory Affairs 2, no. 3 (December 2015): 153–57. http://dx.doi.org/10.2174/2213476x0203160219101526.

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Background: Competition is a process of economic race between market participants to draw clients. The Indian competition law establishment is an early administration. Before the enactment of the Competition Act in May 2002, Monopolistic and Restrictive Trade Practices (MRTP) Act was the active law that managed certain parts of the opposition. Objective: This manuscript highlights the purpose of competition laws for grappling with the monopolies and restrictive trade practices with a particular focus on pharmaceuticals. Conclusion The Competition Act highlights the main features of new competition law which put back the old MRTP act and also lets in the proscription of anti-competitive treaties, prevention of misuse of dominance and combinations which prove detrimental to the competition in the market.

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CLARKE, JULIE. "CRIMINAL PENALTIES FOR CONTRAVENTIONS OF PART IV OF THE TRADE PRACTICES ACT." Deakin Law Review 10, no. 1 (April 1, 2005): 141. http://dx.doi.org/10.21153/dlr2005vol10no1art272.

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<div class="page" title="Page 1"><div class="layoutArea"><div class="column"><p><span>[</span><span>In 2003 the Dawson Committee, commissioned by the Government, recom- mended that criminal penalties should be introduced for cartel conduct. The Government accepted this recommendation in principle and set up a work- ing party to consider the implementation difficulties that had been identified in the Dawson Report. Nothing further was heard from the Government un- til February 2005 when the Government announced that it would introduce criminal penalties for serious cartel conduct. This paper evaluates the Gov- ernment proposals and makes suggestions for their implementation.</span><span>] </span></p></div></div></div>

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Puckett, A. Lynne, and William L. Reynolds. "Rules, Sanctions and Enforcement Under Section 301: At Odds with the WTO?" American Journal of International Law 90, no. 4 (October 1996): 675–89. http://dx.doi.org/10.2307/2203997.

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Section 301 of the Trade Act of 1974 permits the United States Trade Representative (USTR) to investigate and impose sanctions on countries whose trade practices are found to be unfair to U.S. interests. It reaches beyond the General Agreement on Tariffs and Trade (GATT), to give the United States unilateral power to penalize countries that threaten American interests. Section 301 can be used to enforce United States rights under multilateral and bilateral trade agreements, as well as to remedy unreasonable, unjustifiable or discriminatory foreign trade practices that restrict or burden U.S. trade. It contains both mandatory and discretionary provisions and specific timetables for action by the USTR.

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Zurilla-Carinana, Ma Angeles. "The Defective Transposition Of Directive 29/2005/EC On Unfair Trade Practices To Spanish Law." Review of Business Information Systems (RBIS) 15, no. 5 (September 28, 2011): 81–86. http://dx.doi.org/10.19030/rbis.v15i5.6022.

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Directive 29/2005/EC aims at the approximation of the regulations of Member States as regards unfair trade practices, including unlawful advertising. The transposition of this Directive to the Spanish legal system was made by means of 29/2009 Act. This Act reformed a number of laws including the Unfair Competition Act and the Consolidated Text of the General Act for the Defence of Consumers and Users. The classification of conduct that is forbidden in consumer Law, as regards unfair trade practices, is made directly by the state legislative, based on its exclusive responsibility regulating Commercial Law, and specifically, through the Unfair Competition Act, to which the whole of the CTGADCU (Consolidated Text of the General Act for the Defence of Consumers and Users) refers. The reasoning behind this option of the legislative is clear: to prevent the Autonomous Regions from enforcing regulatory control over the development of the protection of consumers and users. Nevertheless, the complexity of the system for the transposition of the Directive by 29/2009 Act gives rise to truly paradoxical situations: the detailed analysis of inconsistencies involved in the transposition method used for the Directive is the main focus of this work.

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O'Connor, Hilda. "Competition Regulation in the UK Stage 2: Enterprise Act 2002." Legal Information Management 3, no. 3-4 (2003): 188–90. http://dx.doi.org/10.1017/s1472669600002127.

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Few legal practitioners in the UK can be unaware of the introduction of the Competition Act 1998 (which came into force on 1 March 2000) and its impact upon commercial agreements/practices generally. Substantively, it prohibits agreements between undertakings, concerted practices and decisions by associations of undertakings i.e. decisions made by trade associations, which appreciably prevent, restrict or distort competition in the UK. Of course, this piece of national legislation is limited to the activities of businesses whose activities impact upon the competitiveness of the UK marketplace. The wider picture is provided by the European competition rules as embodied in Articles 81 and 82 of the EC Treaty. However, both regimes essentially prevent the same range of activities save that the UK system only looks for adverse impact in the UK, whereas the European rules are concerned with adverse effects upon interstate trade and hence the competitiveness of the European marketplace.

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Sheffet, Mary Jane. "The Foreign Corrupt Practices Act and the Omnibus Trade and Competitiveness Act of 1988: Did They Change Corporate Behavior?" Journal of Public Policy & Marketing 14, no. 2 (September 1995): 290–300. http://dx.doi.org/10.1177/074391569501400210.

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The author examines the Foreign Corrupt Practices Act (FCPA), the Omnibus Trade and Competitiveness Act of 1988, and some of the cases decided under each bill. A survey of the Chief Legal Counsels of Fortune 500 companies was done to determine whether U.S. corporations had adopted new codes of ethics and/or conduct to ensure their firms’ compliance with the FCPA and its amendments. The survey also studied whether the firms had changed their sales and marketing practices after these laws were passed. The results indicate that many of the responding firms made some changes; however, new allegations of foreign bribery by American firms probably indicate that vigorous enforcement of the FCPA must be continued.

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Round, Kerrie, and Martin P. Shanahan. "From Protection to Competition: The Politics of Trade Practices Reform in Australia and theTrade Practices Act 1965." Australian Journal of Politics & History 58, no. 4 (December 2012): 497–511. http://dx.doi.org/10.1111/j.1467-8497.2012.01649.x.

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이효석. "An Analysis of Large-Scale Retailers’ Fair Trade Practices Act and Antitrust Principals." KYUNGPOOK NATIONAL UNIVERSITY LAW JOURNAL ll, no. 49 (February 2015): 707–40. http://dx.doi.org/10.17248/knulaw..49.201502.707.

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Shanahan, Martin P., and Kerrie Round. "Transforming Australian business attitudes to competition: Responses to the Trade Practices Act 1965." Business History 56, no. 3 (August 21, 2013): 434–55. http://dx.doi.org/10.1080/00076791.2013.800969.

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Clarke, Philip H., and Julie Clarke. "Players, Clubs, Events and the Trade Practices Act: A Primer for Sporting Clubs." Sport Management Review 6, no. 2 (November 2003): 169–84. http://dx.doi.org/10.1016/s1441-3523(03)70058-8.

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Bruce, Alex. "The Trade Practices Act 1974 (Cth) and the Demise of Legal Professional Privilege." Federal Law Review 30, no. 2 (June 2002): 373–98. http://dx.doi.org/10.1177/0067205x0203000206.

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Lee, Eun Sup. "Regulation of International Trade in Korea under the WTO Mechanism." Victoria University of Wellington Law Review 28, no. 3 (June 1, 1998): 513. http://dx.doi.org/10.26686/vuwlr.v28i3.6064.

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This article discusses the development of the trade laws of the Republic of Korea and the important features of the Foreign Trade Act (amended substantially in 1996) and demonstrates the legislative efforts made by the Korean Government to open the domestic market and establish the fair trade system and practices which have been demanded by WTO and major trading partners.

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Sharma, Avinash. "Revisiting Competition Law of India: Changing Dimensions in the Era of Globalized Economy." World Competition 31, Issue 4 (December 1, 2008): 607–28. http://dx.doi.org/10.54648/woco2008047.

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Competition law is a classical example wherein the government wants to meet the compelling needs of the changing times. The Indian Monopolies and Restrictive Trade Practices Act was enacted in the era of restrictive economy. With the opening up of the economy in 1991, and subsequently the advent of the WTO in 1995, it was felt that the MRTP Act had outlived its utility and no longer served its purpose in the changed environment. While the new open market economy would ensure adequate competition,at the same time, experience in other countries had indicated that some enterprises do try to undermine the market by resorting to anti–competitive practices. Hence, it was felt that such practices could nullify the gains from competition, which could be answered only by having a new competition law. Accordingly,the Competition Act 2002 was enacted. However, only some parts of the Act are in force and the entire Act is yet to become operative. This article will make a modest attempt to discuss this new competition regime, its scope, ambit and various dimensions, and to explain whether it will face further new challenges due to dynamism in international trade and economic laws in the era of irreversible globalisation.

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Frank, Mary Margaret, Luann J. Lynch, Sonja Olhoft Rego, and Rong Zhao. "Are Corporate Risk-Taking Practices Indicative of Aggressive Reporting Practices?" Journal of the American Taxation Association 40, no. 1 (June 1, 2017): 31–55. http://dx.doi.org/10.2308/atax-51809.

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ABSTRACT We examine empirically whether the manner of risk-taking in which firms engage is associated with aggressive reporting practices. Theoretical and anecdotal evidence suggests that firms face a trade-off between risk-taking and managerial opportunism as they seek to produce higher returns. In the period before the Sarbanes-Oxley Act of 2002 (SOX), we find that firms with more risk-taking through external asset growth are more likely to engage in aggressive reporting, but the reverse is true for firms with a practice of risk-taking through organic growth. Consistent with evidence in prior research on the improved quality of financial reporting after SOX, the positive association between a practice of risk-taking through asset growth and aggressive reporting is attenuated in the post-SOX period.

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Arnold, Theresa J. "What Canadian Oil and Gas Companies Need to Know about U. S. Antitrust Laws." Alberta Law Review 34, no. 3 (May 1, 1996): 557. http://dx.doi.org/10.29173/alr656.

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The author presents an introduction to and a cautionary warning about the idiosyncrasies, complexities and dangers of U.S. antitrust law for the Canadian oil and gas industry in a post-NAFTA economic and legal reality. Pre-NAFTA transborder Canadian rules, customs and business practices in the oil and gas industry may have to be reconsidered in light of the serious implications of U.S. antitrust jurisprudence to date. The reach and the scope of U.S. Title 15 Trade and Commerce legislation, such as the Sherman Act, the Clayton Act, the Robinson-Patman Act, the Federal Trade Commission Act, the Foreign Trade Antitrust Improvements Act, and the Hart-Scott-Rodino Act, are outlined and presented. The author also describes the powers and authority of the United States Department of Justice, the United States Federal Trade Commission, the state attorneys general, and the "private" attorneys general to launch civil actions, class actions and criminal prosecutions serially, concurrently or in combination should an unwary foreign or domestic person run afoul of US. antitrust law. In addition, the author discusses the relevant leading case law, legal tests and legal principles, remedies, penalties, consequences and pitfalls of U.S. antitrust law.

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Matolli, Madivalappa. "Regulation of anti-competitive trade practices associated with IPRs under the competition act, 2002." International Journal of Social and Economic Research 4, no. 1 (2014): 61. http://dx.doi.org/10.5958/j.2249-6270.4.1.009.

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Vashisth, Parveen, and Vipin Kumar. "Consumer Protection Act, 1986: Issues and Challenges." International Journal of Advance Research and Innovation 4, no. 1 (2016): 10–12. http://dx.doi.org/10.51976/ijari.411603.

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The marketing concept is totally based on consumer. Consumers’ are not only the heart of market but also the controller of marketing functions. The reality consumer may be ‘King’ of organizational activities, but King is misguided by his Kingdom. This paper discuss about the issues and challenges associated with the consumer protection act, 1986. We try to avoid and reduce unfair trade practices made by the various companies in India. We have done a conceptual research through secondary data and with real life examples. Here after in this paper consumer protection act, 1986 is referred to as the ‘Act’..

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Tian, Liyang. "Legal Resolution of Commercial Bribery by MNEs: Based on Foreign Corrupt Practices Act." Journal of Education, Humanities and Social Sciences 1 (July 6, 2022): 71–76. http://dx.doi.org/10.54097/ehss.v1i.640.

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With the expansion of multinational enterprises (MNEs) overseas, corruption has become an unavoidable problem. Among the many acts of corruption, commercial bribery is the most rampant and has a strong impact on the world economic order, thus the legal resolution of commercial bribery in the trade of MNEs is crucial. This essay will mainly discuss effective legal regulatory measures for the commercial bribery of MNEs based on the Foreign Corrupt Practices Act, and make suggestions for improving the existing legal system of the issue in China through comparative research methods.

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Pathak, Akhileshwar. "Comparative Advertising in India: Need to Strengthen Regulations." Vikalpa: The Journal for Decision Makers 30, no. 1 (January 2005): 67–76. http://dx.doi.org/10.1177/0256090920050106.

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With the liberalization and globalization of the Indian economy, firms have been aggressively and vigorously promoting their products and services. In a comparative environment, every representation of a product or service is about what ‘others are not.’ These practices raise questions about truthfulness and fairness of representation of products and services. This paper explores regulations on comparative advertising of products and services in the context of globalization and liberalization in India. The Monopolies and Restrictive Trade Practices (MRTP) Act, 1969, was amended in 1984 to introduce a chapter on unfair trade practices. One of the provisions constitutes any representation which ‘gives false or misleading facts disparaging the goods, services or trade of another person’ to be an unfair trade practice. The MRTP Commission and the Supreme Court have given shape to the provision. Most comparative advertisements refer to rival products as ‘ordinary,’ instead of specifically mentioning names of products. Aggrieved firms have claimed that ‘ordinary’ refers to all products other than the advertised one. The MRTP Commission, however, has maintained that the wording in the law �goods of another person� implies disparagement of an identifiable product of a specific manufacturer. Further, only if the disparagement is based on ‘false and misleading facts’ that the advertisement becomes an unfair trade practice. Establishing facts often requires detailed scientific and technical assessment of the products. Our courts are not equipped to deal with this. As courts can take a long time to settle a dispute, what has become crucial is whether a court would award intermediate injunction or not. This is restraining the party from advertising pending a final decision by the court. In fact, by the time interim injunction is granted, the advertisement may have abready done the damage. The law makes provision for compensating the party for ‘loss of business and profit.’ The courts, however, have found computing losses to be not free from ‘complications and complexities.’ Thus, courts have not been awarding compensation. All these factors together have left the field of comparative advertisement effectively unregulated. The major findings of this study in this context are: The opening up of the economy, on its own, is not going to create and sustain competition. Protection against unfair trade practices has been available under the Consumer Protection Act. Thus, the repeal of the MRTP Act would not be of any significance. Not only the consumers but even the firms need adequate law against unfair trade practices to have some �rules of the game� for competing among themselves. But, within the structure of the Consumer Protection Act, competing firms cannot be �consumers� to approach a consumer forum. The state would need to develop adequate knowledge of the working of businesses in a free economy, enact laws, and create infrastructure and mechanisms for sustaining competition.

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Alarcon, Michelle, and Joseph Ha. "Assessment Of Psychological Advertising Along Consumer Rights And The Rule On Section 5 Of The Federal Trade Commission, Part 1 Of 2: Unfairness Doctrine." Journal of Applied Business Research (JABR) 36, no. 4 (July 1, 2020): 153–70. http://dx.doi.org/10.19030/jabr.v36i4.10351.

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Over a century of research and empirical findings have linked advertising with consumer choice based on affective information processing, which many researchers emphasized as unconscious brain processing. This paper examines a variety of empirical findings and historical data on psychological or affective processing which provides evidence that psychological advertising affects consumer behavior and choice. Thereafter, building on existing research and literature, we analyze the legal implications of psychological advertising to stimulate affective or unconscious decisions that impairs rational choice and thus harmful. Based on this argument, we analyze the current federal consumer protection law regulating advertising under Section 5 of the Federal Trade Commission Act (“FTC Act”) which bans unfair and deceptive practices, then present rationales for change followed by a framework for revision. The objectives of such change is to ensure that this regulation upholds consumer rights and provide a consumercentric process that respects free choice. One outcome of this proposal will be a ban on advertising practices that utilize psychological stimuli. The framework will focus on expanding the “unfairness” doctrine of the FTC Act. The Federal Trade Commission (“FTC”) states that “unfair acts or practices injure both consumers and competitors because consumers who would otherwise have selected a competitor’s product are wrongly diverted by the unfair act or practice,” thus an effective customer-centric regulation could postulate a healthier economy.

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Didwal, Dr Aditi, and Dr Rachita Negi. "Legal and Economic Perspective of the Consumer Protection Act, 2019 in India: An Overview." International Journal of Scientific Research and Management 10, no. 08 (August 6, 2022): 375–83. http://dx.doi.org/10.18535/ijsrm/v10i08.lla01.

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The industrial revolution in the international trade and commerce has brought a boom in the corporate sector, which results in a diversity of consumer goods to achieve the needs of the consumers and a mass of services have been made accessible to the consumers. But this industrial revolution had some disadvantages to the customer as it affected the business sovereignty. After independence, many laws were enacted in India for safeguarding innocent customers from unfair and restrictive trade practices sort of a false and dishonourable description regarding the character and quality of the goods. The year of 1986 witnessed, in the history of consumerism, the enactment of the Consumer Protection Act. The first ever legislation in India of its kind which solely aimed at the suffering taken consumers who are the victims of the unfair trade practices and sub-standard services rendered to them. The Objective of the Consumer Protection Act is to provide simple and speedy disposal to the cases by providing quasi-judicial machinery for the redressal of consumer disputes. After the restructuring of new Act, more consumer rights have been provided under clause (9) of section 2 of the consumer Protection Act, 2019. With the advancement of technology, it is obvious that electronic media has an important place in business world. The provision of e- commerce has also been inserted in the Act after reframing the Consumer protection act. The new Act provides for separate provisions for each thing and is well framed Act that makes it more proper. The new chapters that have been added to this act, work as a proper criterion for deciding the offences and penalties. The increase in the fiscal value along with the time needed a rise in the value of fine too. The new Act proposes effective measures and tightens the existing rules to further safeguard consumer rights. Introduction of a central regulator, strict penalties for misleading advertisements and guidelines for e-commerce and electronic service providers are some of the key highlights.

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SAMUEL, GRAEME. "CARTELS, MEDIA AND TELECOMMUNICATIONS - THE RAPIDLY CHANGING FACE OF AUSTRALIAN COMPETITION REGULATION." Deakin Law Review 10, no. 2 (July 1, 2005): 512. http://dx.doi.org/10.21153/dlr2005vol10no2art290.

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<div class="page" title="Page 1"><div class="layoutArea"><div class="column"><p><span>[</span><span>Australia’s </span><span>Trade Practices Act </span><span>is a piece of legislation that is constantly evolving to deal with the constantly evolving processes and practices of business – good and bad. Regardless of whether the country’s main tele- communications company, Telstra is privatised, or whether we get one or a hundred new TV channels or even abandon our TV sets for computer screens, the </span><span>Trade Practices Act </span><span>will continue, as it has done now for 30 years, to evolve with the economy to continue to protect and promote com- petition for the good of the Australian people</span><span>.] </span></p></div></div></div>

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Salvagno, Michael. "Institutional Mismatch and the Inevitably Failed Operation of Section 46 of the Trade Practices Act." Australian Journal of Public Administration 65, no. 4 (December 2006): 97–106. http://dx.doi.org/10.1111/j.1467-8500.2006.00507a.x.

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Abdullah, Apnizan, and Mohamed Azam Mohamed Adil. "Centralisation of Halal Matters Under the Federal Government in Malaysia: A Legal Perspective." ICR Journal 10, no. 2 (December 15, 2019): 229–41. http://dx.doi.org/10.52282/icr.v10i2.44.

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Generally, halal matters in Malaysia are governed by piece-meal legislation, inter alia, the Trade Descriptions Act (TDA) 2011 and its by-laws, the Food Act 1983, Food Regulations 1985, state-issued fatwas, and the rules and guidelines promulgated by relevant authorities, whether under the federal or state governments. Consequently, as prescribed by the law, halal matters are assigned to various different entities. For instance, the Ministry of Domestic Trades, Cooperatives and Consumerism (KPDNHEP) supervises halal trade practices. Both the Department of Islamic Development Malaysia (JAKIM) and Islamic Religious Councils (IRCs) of the states take charge of the halal certification portfolio. The Halal Industry Development Corporation (HDC) handles services related to the internationalisation of halal products, whereas the Department of Standards Malaysia (DOSM) issues and revises time-relevant halal standards. This situation, however, may lead to the overlapping of mandates and confusion among industry players as to whether halal matters fall under the federal or state governments as prescribed in List II of the Malaysian Federal Constitution. Since Malaysia is at the global forefront of promoting the halal agenda, the Malaysian government must call for the centralisation of its regulatory framework to provide better supervision and harmonise practices in the industry. Hence, this paper discusses and deliberates on the legal and regulatory outlook of the country for the purpose of centralising halal matters under the federal government of Malaysia.

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Kapnoullas, Steve, and Bruce Clarke. "Incorporation of Unusual or Unreasonable Terms Into Contracts: The Red Hand Rule and Signed Documents." Deakin Law Review 11, no. 2 (January 1, 2006): 95. http://dx.doi.org/10.21153/dlr2006vol11no2art237.

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<p>This article analyses case law relating to the red hand rule. In particular, there is an examination of the decision of the High Court in Toll v Alphapharm Pty Ltd. The judgment of the court signals a clear answer as to whether the red hand rule applies to signed documents. In this context, the authors also consider whether section 52 of the Trade Practices Act, and statutory provisions relating to unconscionability, are available to protect consumers against unusual or unreasonable clauses incorporated into signed contracts. Two recent cases involving share trader David Tweed are also analysed.</p>

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Febrina, Monica Yesica, and Sardjana Orba Manullang. "Trade Secret Protection as Part of Intellectual Property System: a Comparative Study of Indonesian and United States of America Trade Secret Law." Jurnal Mahkamah : Kajian Ilmu Hukum Dan Hukum Islam 5, no. 2 (December 28, 2020): 193–212. http://dx.doi.org/10.25217/jm.v5i2.1189.

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Legal protection of intellectual property is an important element in supporting creativity and trade. Indonesia has ratified the Agreement and Trade Related Aspects of Intellectual Property Rights and has enacted Law number 30 of 2000 concerning Trade Secret. Legal protection of trade secrets aims to protect business actors in trade practices both regionally and internationally. In addition, protection of trade secrets can prevent unfair business competition. Thus, business people have wider opportunities to develop their creativity and business. This research method is a normative research with comparative research type. This study examines the comparison of intellectual property protection laws specifically regarding trade secrets with laws in United States. The purpose of this comparative normative study to examine the extent to which the Trade Secret Act can be effective in its application as can be applied in the Supreme Court Decision.

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Maican, Ovidiu-Horia. "The legal regime of competition in India." Proceedings of the International Conference on Business Excellence 15, no. 1 (December 1, 2021): 952–62. http://dx.doi.org/10.2478/picbe-2021-0089.

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Abstract The study of the competition legislation in India has as justification the fact that the indian economy has one of the biggest growth rates in the world, India being the biggest democracy in the world. At the beginning, India had its own competition law, called the Monopolies and Restrictive Trade Practices Act 1969 (MRTP Act). After the initiation of economic liberalization in 1991, it became imperative to put in place a competition law regime that was more responsive to the economic realities of the nation and in accordance with international practices. In 2002, the Indian Parliament voted for a new law, Competition Act, to regulate business practices in India. The Competition Act has as its goal to regulate three types of conduct (anti-competitive agreements, abuse of a dominant position and combinations). The Competition Act was amended by the Competition (Amendment) Act in 2007 and 2009. The Competition Act has also created a new enforcement body, the Competition Commission of India (CCI), which is responsible for the enforcement of the Competition Act. According to the provisions of the Competition Act, is allowed to make an appeal to the Competition Appellate Tribunal (COMPAT) against the decisions of the CCI. A further appeal from the decision of the COMPAT may be submitted before the Supreme Court of India. In the same, the Competition Act is taking into consideration its enforcement with the aid of mutual international support and enforcement networks across the world.

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Andrew, Romauld. "The ILL-Favoured Child of Litigation: International Commercial Arbitration and the Australian Trade Practices Act 1974." Journal of International Arbitration 21, Issue 3 (June 1, 2004): 239–62. http://dx.doi.org/10.54648/joia2004012.

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Pitchford, Rohan. "An Economic Analysis of Australian Damage Remedies for Misleading Prospectuses: Trade Practices Act versus Corporations Law." Australian Economic Review 31, no. 1 (March 1998): 21–36. http://dx.doi.org/10.1111/1467-8462.00048.

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Lloyd, B. L. "The Constitutional Validity of the Trade Practices Act and Regulation of the Conduct of Holding Companies." Federal Law Review 21, no. 2 (June 1993): 279–89. http://dx.doi.org/10.1177/0067205x9302100206.

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Hejbudzki, Michał. "Zakaz praktyk nieuczciwie wykorzystujących przewagę kontraktową jako reguła kontraktowa przy zawieraniu umów z rolnikami." Opolskie Studia Administracyjno-Prawne 16, no. 2 (September 17, 2019): 63–81. http://dx.doi.org/10.25167/osap.1176.

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The existing legal instruments in the area of trade in agricultural and food products in Poland were considered by the Polish legislature to be insufficient, which was an impetus for legislative work finalized by the adoption of the act on counteracting the unfair use of contractual advantage in the trade in agricultural and food products on 15 December 2016. The purpose of the research described in the article was to determine the normative dimension of the concept of unfair use of contractual advantage and the assessment of admissibility de lege lata for farmers to rely on protection under the provisions of the aforementioned Act of 2016. The analyses have led to the conclusion that the ban on practices of unfair use of contractual advantage should be seen as a new, not yet crystallized, contract rule applicable to concluding contracts specified in this act, including contracts with farmers.

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Sulthon, Muhammad Sulthon. "Beauty Mask Trade at Shopee from the Fiqh Perspective and the Consumer Protection Act." Jurnal Mahkamah : Kajian Ilmu Hukum Dan Hukum Islam 7, no. 1 (December 20, 2022): 97–106. http://dx.doi.org/10.25217/jm.v7i1.2421.

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This study aims to analyze the trading practices of beauty masks in shopee storesdaily mask 04 Tuban Regency, East Java. Knives of analysis using Islamic Law combined with Law no. 8 of 1999 concerning Consumer Protection. This research is field research with a descriptive-qualitative approach. Data were classified into primary and secondary data through interviews. The results of the study prove that in accordance with the provisions of the contract in Islamic law, the trade meets the requirements. However, from the perspective of Law Number 8 of 1999, this trade does not meet the requirements of the law. In this law, it is explained that a trade or sale must include a label on its product packaging and there is an excessive prohibition on giving statements about the products being sold. Meanwhile, the reality on the ground shows that the shopee shopee Dailymask 04 does not include labels on the packaging and is excessive in promoting the products it sells. From the conclusion inabove, the researcher hopes that the Dailymask04 store will put a label with the contents: composition, method of use, and expiration date . So that consumers can know well the products being sold

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Broadberry, Stephen. "The Effects of Competition: Cartel Policy and the Evolution of Strategy and Structure in British Industry. By George Symeonidis. Cambridge, MA: MIT Press. Pp. x, 542. $55.00." Journal of Economic History 63, no. 1 (March 2003): 262–63. http://dx.doi.org/10.1017/s0022050703311805.

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This book provides a detailed investigation of the impact of the 1956 Restrictive Trade Practices Act on the intensity of competition in the United Kingdom. In my experience, American economists are usually traumatized to discover that the 1956 Act allowed firms to register restrictive trade agreements, including explicit schemes to fix prices and that by the end of 1959, firms had registered 2,240 agreements in the clear expectation that the newly established Restrictive Practices Court would take a relaxed view about these restrictions on competition. In fact, the Court generally took a tough pro-competition stance and after a few landmark cases where restrictive agreements were judged to be against the public interest, many of the registered agreements were abandoned voluntarily or modified substantially. This episode thus provides the raw material for assessing the impact of an intensification of competition on economic performance. George Symeonidis uses the theoretical framework of John Sutton to assess the effects of this intensification of competition. The main focus is on the upshot for concentration, although the effects on advertising intensity, innovation, and profitability are also considered. Disappointingly, perhaps, there is no discussion of the effects on productivity.

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Choi, Young-Hong. "The Purpose and Scope of Application of the Fair Trade Practices in Large-scaled Retail Business Act." BUSINESS LAW REVIEW 30, no. 3 (September 30, 2016): 249. http://dx.doi.org/10.24886/blr.2016.09.30.3.249.

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Jaekoon Koo. "A Study on Some Legal Issues of 「the Act on Fair Trade Practices in Franchising(2017.4.18. revised)." KOOKMIN LAW REVIEW 30, no. 1 (June 2017): 9–44. http://dx.doi.org/10.17251/legal.2017.30.1.9.

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Hong Hyun Suk. "A Study on Problems and Improvement of Supplier-Dealer Fair Trade Practices Act for Dealer Right Protection." KOOKMIN LAW REVIEW 31, no. 1 (June 2018): 293–331. http://dx.doi.org/10.17251/legal.2018.31.1.293.

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Pathak, Akhileshwar. "Legal Responses to Economic Liberalization: The Case of Unfair Trade Practices." Vikalpa: The Journal for Decision Makers 29, no. 3 (July 2004): 59–70. http://dx.doi.org/10.1177/0256090920040305.

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This paper traces the evolution of law and practices in the past 20 years focusing on one aspect of unfair trade practices — unfairness in holding of games, contests, lotteries, and similar schemes for promoting sales and services in the context of India transitioning from a state controlled to a liberalized economy. With competition in the economy, firms have got into aggressive and competitive trade practices to entice the customers. These practices raise questions about the truthfulness and fairness of representation of products, services, advertisements, and schemes and modalities for promotion of products and services. There is a need for adequate law against unfair trade practices and a justice delivery system to have some ‘rules of the game’ to compete among themselves. The Monopolies and Restrictive Trade Practices (MRTP) Act, 1969, was amended in 1984 to introduce a chapter on unfair trade practices. One of the provisions pertained to the holding of games and lotteries. It stated that ‘the conduct of any contest, lottery, game of chance or skill’ for promoting sales, services or business interest was an unfair trade practice and should, therefore, be disallowed. Following the provision, the MRTP Commission had stopped almost all promotion schemes which had an element of draw or lottery. For example, Whirlpool Ltd. had launched a ‘Scratch a Gift Scheme’ and Coca-Cola Ltd. had introduced a promotional scheme for Coke. Considering them to be lottery schemes, the Commission had restrained the companies. The judgement of the Supreme Court in the ‘Horlicks Hidden Wealth Prize Offer’ changed the entire scenario. The Commission considered this scheme to be a kind of lottery and, thus, an unfair trade practice. However, the Supreme Court, in its short judgement in 1998, commented that this was not a case of lottery as there was no draw of lots or that a price was charged for participation in the draw. The fact that some bottles of Horlicks contained a slip of paper which entitled the buyer to a prize is not a lottery in the ordinary sense of the word. Following the judgement, in all the pending cases before the Commission, the parties successfully argued that their schemes did not attract the provision of unfair trade practice as they had not charged extra for participation in the scheme. Ever since, there has been no restraint on holding of such promotion schemes. In this context, the firms would need to do the following: objectively examine if such schemes have any effect on the promotion of products demonstrate the genuineness of a scheme by disclosing vital information work towards formulating appropriate regulations.

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Journal articles on the topic 'Trade practices act'

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