{"title":"Unfair Trade Practices in India: A Comparative Analysis Between the Competition and Consumer Laws","authors":"Yash Agrawal","doi":"10.2139/ssrn.3619075","DOIUrl":"https://doi.org/10.2139/ssrn.3619075","url":null,"abstract":"The term Unfair Trade Practice (UTPs) broadly refers to a trade practice which, for the purpose of promoting the sale, use or supply of any goods or for the provision of any service, adopts any unfair method or unfair or deceptive practice which is prohibited by a statute or has been recognised as actionable under law or by a judgement of the court. <br><br>This research paper deals with the reason behind the incorporation of the concept of unfair trade practices to Consumer Laws rather making it a part of Competition Laws. Further the paper analyses the concept of unfair trade practices in India by comparing the provisions of Competition and Consumer Laws made for the concern. This research paper aims to highlight the position of UTPs in India and analyses the interface between competition law and consumer law in the theoretical framework and through the non-uniform understanding of ‘consumer welfare’ with respect to unfair trade practices that is interpreted in both the legislation. <br><br>Further this paper in detail will be dealing with, in various headings, the evolution of UTPs in MRTP, Consumer and Competition Act, the abolition of the MRTP Act, various steps taken under the Sachar Committee and the Raghavan Committee, the establishment of Competition Commission of India (CCI) and Competition Act, 2002, the position of UTPs in Consumer and Competition laws, the reason of incorporation of UTPs in Consumer Laws, the various components of UTPs and the authorities and agencies dealing with UTPs.","PeriodicalId":307125,"journal":{"name":"Institutional & Transition Economics Policy Paper Series","volume":"202 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-06-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122819141","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Modelling the Economics of the New Normal: A Discussion Paper on Methodology and Macro Modelling for a Post-Coronavirus World","authors":"P. J. Pena","doi":"10.2139/ssrn.3619942","DOIUrl":"https://doi.org/10.2139/ssrn.3619942","url":null,"abstract":"I attempt to envision a post-pandemic world in which no vaccine is in place nor herd immunity is achieved, leaving social distancing a persistent feature of the economy that is slowly waking up from its stasis. General trends and some facts from the pandemic motivate initial impressions and inspire the subsequent analysis. Macro models of the COVID-19 global event are surveyed for insights confirming a world in a recession like no other. Methodological considerations on economic vision, goals, and models provide a relevant starting point for envisioning the new normal anchored on resilience and values the protection of life. This paper is necessarily speculative and eclectic by nature and intent; it serves the role of setting the foundations for a proposed research programme dedicated to new economic thinking which I conjecture to be necessary for the process of reimagining the economy. I argue that mainstream macro models, while useful, unnecessarily limit the visioning exercise. Old medicine may not cure new problems, but new cures need testing. I study a within-the-mainstream approach that nevertheless recognises agent heterogeneity, social interactions, the role of social norms, government and institutions in influencing behaviour in complex and chaotic systems, and the presence of multiple equilibria and path dependency. These features further recall the Classical tradition to inspire a resilient path forward into the new normal.","PeriodicalId":307125,"journal":{"name":"Institutional & Transition Economics Policy Paper Series","volume":"2 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-05-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116449096","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Performance Analysis of Nonfinancial State-Owned Enterprises in Bangladesh","authors":"Md. Aminul Karim, K. Sakib, T. Tanisa","doi":"10.2139/ssrn.3650182","DOIUrl":"https://doi.org/10.2139/ssrn.3650182","url":null,"abstract":"This paper aims to analyze the performance of non-financial SOEs and seeks possible remedial for the problems. State-owned enterprises play a vital role in Bangladesh. After the liberation war in 1971, the Bangladesh government had taken extensive measurements to nationalize some enterprises but due to lack to profitability, accountability, poor management, corruption caused these enterprises to fail in providing enough support to our economy. Bangladesh government has initiated the “Privatization of Public Enterprises” in a massive scale but the performance of these SOEs have not been improved. There are 49 non-financial SOEs in Bangladesh. These non-financial SOEs are classified under seven major sectors- industry, utility, transportation and communication, trade, agriculture, construction, and service. Among these seven major sectors, the service and utility sector have the highest contribution to the public exchequer. Most of the enterprises are facing loss (i.e. mainly industrial sector SOEs) and some others have vulnerable performance. The government is providing a huge subsidy, but the overall performance has not been improved. These SOEs need a reformation in cost minimization, management system, corruption prevention, and most importantly a proper effective policy formulation.","PeriodicalId":307125,"journal":{"name":"Institutional & Transition Economics Policy Paper Series","volume":"6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130273282","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"China & India: A Comparison of Economic Growth Dynamics (1980-2018)","authors":"Vasil Gechev","doi":"10.2139/ssrn.3578163","DOIUrl":"https://doi.org/10.2139/ssrn.3578163","url":null,"abstract":"The comparison of China’s and India’s economic trajectories over the last 40 years reveals the massive potential of targeted policies for economic development (in general) and economic growth (in particular). In the early 1980s India and China had a roughly similar GDP and up until 1990 India had a higher GDP per capita. Fast-forward to 2018 and … India’s economy is 5 times smaller than China’s and GDP per capita is $2010 in India vs. $9771 in China. Accordingly, nowadays most of the major economic development indicators are in China’s favor – for instance, in 2017 the value of China’s exports of high-technology products was 43 times higher than India’s. \u0000 \u0000The relevant question here seems to be ‘how did China manage to outgrow India economically by such a margin in the span of four decades?’ This paper attempts to answer it by: \u0000 \u00001. Examining the economic reforms that China and India underwent in the late 1970s, the 1980s and the 1990s. \u0000 \u00002. Comparing key macroeconomic indicators: GDP (incl. GDP per capita), exports and imports, net FDI inflows, and domestic credit to private sector. \u0000 \u00003. Comparing human capital indicators, infrastructure quality, and the innovation ecosystems of India and China.","PeriodicalId":307125,"journal":{"name":"Institutional & Transition Economics Policy Paper Series","volume":"13 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-04-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126571436","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"When is the COVID-19 Pandemic Over? Evidence from the Stay-at-Home Policy Execution in 106 Chinese Cities","authors":"Jingyuan Wang, Ke Tang, Kai Feng, Weifeng Lv","doi":"10.2139/ssrn.3561491","DOIUrl":"https://doi.org/10.2139/ssrn.3561491","url":null,"abstract":"As more and more countries have employed stay-at-home policy to halt the spread of COVID-19, the effectiveness of this policy has become an important question to both researchers and policymakers. To answer this question, our paper empirically measures the effect of stay-at-home policy on the control of COVID-19. Using the city-level Baidu Mobility Index, measured by the total number of outside travels per day divided by the resident population, we find that reducing the number of outings can effectively decrease the new-onset cases; a 1% decline in the outing number will reduce about 1% of the new-onset-cases growth rate in 7 days (one serial interval). The critical level is a 50% drop in mobility, in which case the number of new-onset cases is lower than it was 7 days before, and hence the epidemic will gradually disappear holding this policy long enough. A strong stay-at-home policy execution with a short duration has a smaller economic cost than a loose execution with a long duration. For example, the mobility in Wuhan is down 85% after lockdown, in which case we estimate the number of new-onset cases is reduced by 50% in only 12 days.","PeriodicalId":307125,"journal":{"name":"Institutional & Transition Economics Policy Paper Series","volume":"10 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-03-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128073643","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Covid-19: US and EU, Why the Outbreak Could Induce an Institutional Evolution","authors":"C. Palermo","doi":"10.2139/ssrn.3568215","DOIUrl":"https://doi.org/10.2139/ssrn.3568215","url":null,"abstract":"The Covid-19 outbreak is challenging institutions as well within the United States and in the European Union. The US risk to face a huge challenge, considering that its Healthcare system is considerably commercial ruled instead of being public and universal, while the European Union (still a confederation in many terms), is not to be able to face commonly to such a huge crisis, not having proper budgetary, fiscal institutes to implement. Our policy brief is, actually, try to figure out which is the situation for both Europe and the United States and which could be the desired institutional evolution in order to take profit from this crisis: create more efficient, accountable institutions for the citizens.","PeriodicalId":307125,"journal":{"name":"Institutional & Transition Economics Policy Paper Series","volume":"230-231 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-03-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134145812","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The Regulatory Criminal Law in the UK: Analyzing Dissenting Factors of the Deferred Prosecution Agreements","authors":"V. Kruglyak","doi":"10.2139/ssrn.3559286","DOIUrl":"https://doi.org/10.2139/ssrn.3559286","url":null,"abstract":"In this paper the inter-temporal analysis of the case law is employed to depict the trajectory of changes leading to high amount settlements for financial corporate crimes serving as a substitute for criminal prosecution and sentencing. Placed in conjunction with statutory review of historic criminal proceedings, the opportunistic behaviour of the Crown Prosecution Services is analysed. The Serious Fraud Office and its regulatory efforts to prosecute corporate crimes using Deferred Prosecution Agreement tested for the economic purpose. From its historic English traditions to punish wrongdoers until recent wrongful death cases, the reluctance of the government to sentence offenders under the criminal law is exposed. An array of reasons for abandoning the settlements is offered for the legislative review.","PeriodicalId":307125,"journal":{"name":"Institutional & Transition Economics Policy Paper Series","volume":"57 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-03-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125130982","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The Impact of Trade Openness on Economic Growth of Ghana (1986 – 2017)","authors":"P. Aggrey","doi":"10.2139/ssrn.3906965","DOIUrl":"https://doi.org/10.2139/ssrn.3906965","url":null,"abstract":"Trade openness is considered a medium for economic growth. Economic theory supports the assertion that trade enhances competition, promotes large market, transfers of technology which then propels economic growth. In recent times, developing countries have embraced trade liberalization as a means to boost economic growth and development. Ghana implemented import substitution industrialization as a way to promote economic growth, but after few years of policy implementation, the economy experienced a massive recession. Consequently, the Britton Woods Institutions was adopted to help stabilise the economy. Further, Ghana implemented the World Bank and IMF Structural Adjustment Programme (SAP) in 1986 which had trade liberalisation as one of the reforms. The main purpose of the liberalisation policy was to open up the economy to the rest of the world to increase competition and in turn improve efficiency in domestic industries to facilitate economic growth. This study, therefore, focused on ascertaining the impact of trade openness on the economic growth of Ghana from 1986 – 2017. Using annual series data, the study employed the autoregressive distributed lag (ARDL) model as the estimation technique. The study found that trade openness had a negative impact on economic growth both in the long- and short run. Broad money, inflation and population growth were found to exert a negative impact on economic growth in both the short and long run. Gross fixed capital formation had a positive impact on economic growth in the short run. Based on the findings, the study recommended that policymakers and other stakeholders should institute measures to minimize the importation of goods and expand the exportation of secondary goods. These measures if properly executed are likely to ensure a positive impact of trade openness on the economic growth of Ghana.","PeriodicalId":307125,"journal":{"name":"Institutional & Transition Economics Policy Paper Series","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-11-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116058065","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Can Spectrum Fees Incentivize Federal Agencies to Release Spectrum? Lessons From the United Kingdom and GOSPLAN","authors":"H. Kroll","doi":"10.2139/ssrn.3486357","DOIUrl":"https://doi.org/10.2139/ssrn.3486357","url":null,"abstract":"One proposed market-based approach to repurposing federal spectrum involves levying administratively-controlled fees that approximate the opportunity cost of spectrum on federal agencies. This article examines the theory and evidence that a system of spectrum use fees can promote an efficient reallocation of spectrum and finds that the spectrum fee approach has no intrinsic advantage over the existing command and control system. Under the system of Administered Incentive Pricing in the United Kingdom, calculating the opportunity cost of spectrum imposes a heavy burden on regulator Ofcom, but spectrum fees still give the wrong price signals, and in Ofcom’s own 2016 assessment, financial incentives of government departments to release or share spectrum have been weak or non-existent. With imperfect information, it is no easier for the regulator to specify correctly the right prices under the spectrum fee approach than the right quantities under the command and control system. As budget-funded non-profits, federal agencies have a soft budget constraint that weakens their responsiveness to prices and costs. In these respects, the spectrum fee model shares the information and incentive problems of the classical and reform versions of socialist economic systems. The practice of charging federal agencies market-based rental rates for office space in federally owned or leased buildings does not validate the spectrum fee proposal given that federal property is managed in a top-down fashion. The overlay approach to repurposing federal spectrum has an intrinsic advantage over the spectrum fee model because auctioning flexible-use overlay licenses generates market-based pricing information about the value of federal spectrum.","PeriodicalId":307125,"journal":{"name":"Institutional & Transition Economics Policy Paper Series","volume":"11 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-11-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130280955","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Taking Another Look at Policy Research on China's Accession to the World Trade Organization","authors":"Elena Ianchovichina, W. Martin","doi":"10.1596/1813-9450-8932","DOIUrl":"https://doi.org/10.1596/1813-9450-8932","url":null,"abstract":"Recent work on China's accession to the World Trade Organizations pays little attention to the wave of reforms in China in the 1980s and 1990s. These reforms created the preconditions for accession and strongly influenced its outcomes. The preeminence of processing trade at the time of accession sharply reduced the impact of accession-related tariff reductions on exports and set the stage for China's increases in domestic value added and reduction in China's involvement in global production sharing since that time. The assessment in this paper, based on export data and simulation results on the ex ante accession-related effects on export volumes in the literature, finds that the accession must have increased China's real export growth by at most 6 percentage points between 1997 and 2005. This effect is substantial, but not as large as suggested by the difference between the pre- and post-accession export growth rates in the four years before and after accession. This is because the influence of cyclical fluctuations related to the Asian financial crisis and the U.S. dot-com crash dampened export growth in the period before accession in 2001 and accelerated it afterward.","PeriodicalId":307125,"journal":{"name":"Institutional & Transition Economics Policy Paper Series","volume":"14 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128029290","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}