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1
Serences, Roman, and Dagmar Kozelova. "Dumping – Unfair Trade Practice." SHS Web of Conferences 92 (2021): 06033. http://dx.doi.org/10.1051/shsconf/20219206033.
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Research background:The Globalisation gradually has removed the protection that has existed to protect producers against unfair trade practices. Existence of imperfect competition within an international trade is presented by descending curve of average costs while increasing economies of scale; it often leads some producers not to adjust the price in relation to the marker. In this case, we speak about dumping.Purpose of the article:The article deals with dumping issue – an unfair trade practice analysing EU trade policy including antidumping, related Slovak legislation, price discrimination and dumping model.Methods:From a methodological point of view, the article is divided into four parts; description of trade policy, antidumping and its legislation, price discrimination and dumping model. Methods of synthesis, critical thinking and graphical analysis were used.Findings & Value added:In practice, accounting of different prices to the various consumers is called a price discrimination. The most common type of price discrimination in foreign trade is a dumping. It is a price practice when a company accounts lower price for exported goods compared to the same goods sale at home. World Trade Organization (WTO) allow counter such injury via trade defence instruments (TDIs). The EU TDIs are appropriate to tackle new challenges to international trade, because the Commission had done to modernise the EU’s basic Anti-Dumping (AD) Regulations.
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Huangfu, Gang, and Liqi Zhu. "Do Consumers' Perceptions of Price Fairness Differ According to Type of Firm Ownership?" Social Behavior and Personality: an international journal 40, no. 4 (May 1, 2012): 693–98. http://dx.doi.org/10.2224/sbp.2012.40.4.693.
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We investigated Chinese consumers' perceptions of price fairness by introducing the type of firm ownership (state-owned monopoly, and non-state-owned corporation) as an independent variable, to investigate whether or not people's feelings of price fairness differ between stateand non-state-owned firms. Results showed that our participants tended to accept price rise because of cost increase, but not price rise because of an increase in demand. Participants also regarded as unfair the price remaining high when cost decreased. Auction in the situation of shortage of goods, was also regarded as unfair. State-owned monopolies raising their prices was viewed by participants as being more unfair than a price rise by a non-state-owned corporation.
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Höhler, Julia, and Julia A. Schreiner. "Unfair milk prices? Lessons from a split-sample choice experiment." British Food Journal 122, no. 2 (November 23, 2019): 515–30. http://dx.doi.org/10.1108/bfj-04-2019-0298.
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Purpose In times of “milk price crises”, “fair” milk prices are repeatedly demanded. Various studies indicate an increased willingness to pay (WTP) for the additional attribute of price fairness. Nevertheless, market shares have been low so far. The purpose of this paper is to discuss three possible reasons for this: low reference prices, socially desirable responses in choice experiments and the lack of justification of the claim “fair” by further attributes. Design/methodology/approach In a split sample, one group facing alternatives with a higher price range and the other with a lower price range, the consumer’s choices are examined. This study uses a social desirability scale for controlling biases in the stated WTP. In addition, the claim “fair” is complemented with a guaranteed price, grazing, regional production and CO2-reduction. A random parameter logit model specified in WTP space is employed to estimate milk consumers’ (n=480) preferences for “fair” milk. Furthermore, a latent class approach reveals information about the source of preference heterogeneity for fair milk attributes among the two groups of the split sample. Findings This study finds statistically significant differences between the two price ranges. In the low price range, additional attributes can trigger an additional WTP. In the high price range, there is no statistically significant additional WTP. WTP’s dependence on price levels could explain why the market share for “fair” milk has so far been low. Originality/value This paper contributes to the study of the effect of split samples in choice experiments. In addition, it promotes the understanding of price fairness in milk and its determinants.
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Elegido, Juan M. "The Ethics of Price Discrimination." Business Ethics Quarterly 21, no. 4 (October 2011): 633–60. http://dx.doi.org/10.5840/beq201121439.
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ABSTRACT:Price discrimination is the practice of charging different customers different prices for the same product. Many people consider price discrimination unfair, but economists argue that in many cases price discrimination is more likely to lead to greater welfare than is the uniform pricing alternative—sometimes for every party in the transaction. This article shows i) that there are many situations in which it is necessary to engage in differential pricing in order to make the provision of a product possible; and ii) that in many such situations, the seller does not obtain an above-average rate of return. It concludes that price discrimination is not inherently unfair. The article also contends that even when conditions i) and/or ii) do not obtain, price discrimination is not necessarily unethical. In itself, the fact that some people get an even better deal than do others does not entail that the latter are wronged.
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Damiri, Devi Melisa. "Analisis Persaingan Tarif antara Telkomsel dan Indosat di Industri Telekomunikasi." Journal of Secretary and Business Administration 1, no. 1 (October 26, 2017): 27. http://dx.doi.org/10.31104/jsab.v1i1.4.
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Established Law No. 5 of 1999 on the prohibition of monopolistic practices and unfair business competition can not be separated from IMF pressure on the Indonesian government on the government to combat monopolistic practices and unfair business competition that occurred in Indonesia by immediately enacting the legislation. The purpose of this study is analyzing the telecommunications industry price war that occurs between the Telkomsel operator and Indosat Ooredoo against unfair competition. The method used in this research is descriptive method of analysis. Data used are secondary data. Results of analysis showed that Indosat Ooredoo trying to overthrow the corporate image Telkomsel in their campaign fare Rp. 1,0 and Telkomsel operator also negotiate interconnection prices unfair to Indosat Ooredoo.
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Reinartz, Werner, and Nico Wiegand. "The Perils of Retail Price Differentiation: Why Nobody Wins When Customers Lose." NIM Marketing Intelligence Review 11, no. 1 (May 1, 2019): 30–35. http://dx.doi.org/10.2478/nimmir-2019-0005.
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AbstractPrice differentiation is a longstanding marketing instrument in retailing. In our digital omni-channel environment its implementation may get technically easier, but also more transparent and obvious. As consumers generally consider price differentiation as unfair, systems need to be implemented cautiously and hold potential benefits for all parties. Some practices are perceived as more unfair than others. Dissimilarity of the purchase situation, control over the final price, the suspected motive of the company, and fairness of the pricing rule are decisive factors in the consumer evaluation process of price differentiation measures.To avoid detrimental effects like perceptions of unfairness or permanent damage of the relationship, companies must strike a balance between their own and consumers’ interests. The latter need to feel the advantage of price differentiation to appreciate it, especially the price-sensitive segment. However, from a company perspective, there is a profitability boundary to giving away free lunch. One way out of this dilemma is to foster self-selection into low-price offerings but preventing bargains for everyone by increasing the effort or time to get better prices. If head-on price differentiation is unavoidable, negative reactions can be attenuated by embedding pricing rules in social norms.
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Xia, Lan, Kent B. Monroe, and Jennifer L. Cox. "The Price is Unfair! A Conceptual Framework of Price Fairness Perceptions." Journal of Marketing 68, no. 4 (October 2004): 1–15. http://dx.doi.org/10.1509/jmkg.68.4.1.42733.
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S, Chintya Amelia, Pujiyono Pujiyono, and Hari Purwadi. "Consumer Protection in Resale Price Maintenance Practices." International Journal of Multicultural and Multireligious Understanding 8, no. 1 (January 3, 2021): 17. http://dx.doi.org/10.18415/ijmmu.v8i1.2195.
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Fair business competition is greatly needed to create a conducive business climate. Regulations governing the fair business competition are expected to ensure the business opportunities for business actors and to prevent monopolistic practices and or unfair business competitions, and at the same time to protect the consumers. In Indonesia, the Resale Price Maintenance (RPM) is applied as an effort or actions of the upstream businesses such as manufacturing companies or suppliers to control the price when the goods are resold. Control and supervision of the Resale Price Maintenance practices are necessary considering that the monopolistic practice that creates unfair business competition is still common in the society. This study aimed to reveal how consumer protection in the Resale Price Maintenance practices works. This study was conducted using the normative or doctrinal research method with the statute and conceptual approaches. From the findings, it can be concluded that the consumer protection in Resale Price Maintenance practices is still very frail so that it is necessary to reconstruct the provisions in resale price maintenance which can be performed by reconstructing the criminal sanctions for business actors who violate the resale price maintenance regulations that can cause monopolistic practices and unfair business competitions.
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Trujillo, Antonio J., Taruja Karmarkar, Caleb Alexander, William Padula, Jeremy Greene, and Gerard Anderson. "Fairness in drug prices: do economists think differently from the public?" Health Economics, Policy and Law 15, no. 1 (December 4, 2018): 18–29. http://dx.doi.org/10.1017/s1744133118000427.
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AbstractUsing dual-entitlement theory as the guide, we conducted a survey of economists from the National Bureau of Economic Research asking them a series of questions about the fairness of drug prices in the United States. Public opinion surveys have repeatedly shown that the public perceives drug prices to be unfair, but economists trained in laws of supply and demand may have different perceptions. Three hundred and ten senior economists responded to our survey. Forty-five percent agreed that drug prices were unfair when people, specifically low-income individuals, could not afford their prescription medications. Sixty-five percent oppose a dollar threshold, or upper limit, on drug prices. The economists recommend the most promising policy change would be to provide the government additional negotiating power and price controls would moderately impact investment in pharmaceutical research and development.
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Friesen, Mark. "A dynamic perspective on consumers’ price fairness perception: Empirical evidence from the airline industry." Die Unternehmung 74, no. 4 (2020): 403–25. http://dx.doi.org/10.5771/0042-059x-2020-4-403.
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This paper investigates the concept of perceived price fairness and its dynamic alteration along the customer buying cycle. Today, variable pricing is widespread in many service industries. Besides the current sales price, customers are extensively exposed to varying external reference prices (for example, advertised prices). Thus, this pricing practice risks being perceived as unfair at some stage along the purchasing process, and negative consumer reactions cannot be ruled out. However, previous research has adopted a quite static approach, which only offered an incomplete picture of fairness perceptions with a specific service offer. To better capture the dynamics, this study conducted a scenario-based experiment with 459 airline customers encompassing repeated measures. The results provide evidence that the perception of distributive and procedural fairness significantly varies with the exposure to changing external reference prices along the buying cycle. Therefore, marketers should be cautious regarding price variations and advertised prices.
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Быкова, О., O. Bykova, М. Ольховская, M. Ol'hovskaya, Д. Рябушева, and D. Ryabusheva. "Features of Unfair Competition in the MediaSphere." Scientific Research and Development. Economics of the Firm 7, no. 3 (October 24, 2018): 44–50. http://dx.doi.org/10.12737/article_5ba211bb6c64b9.38607648.
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Civilized market relations suggest active entrepreneurial activity and as a matter of fact competitive relations acting as an acting force in the change of price politics and production quality. However, the modern world economy characterizes not only with progressive development with correctly aligned competitive relations, but also characterizes with dishonest methods of leading entrepreneurial activity, dealing damage not only to the business, but also to the consumers and society as a whole.
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Andrés Martínez, Mª Encarnación, Miguel Ángel Gómez Borja, and Juan Antonio Mondéjar Jiménez. "Un análisis del efecto de la percepción de justicia de precios en el comportamiento del consumidor en el proceso de reserva de hotel online." PASOS. Revista de Turismo y Patrimonio Cultural 13, no. 4 (2015): 849–64. http://dx.doi.org/10.25145/j.pasos.2015.13.058.
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The fairness perception has an important role in consumer decision. The economic situation of many households makes that the fairness price perception was very important in the purchase behavior. This situation is not alien to such an important sector as the tourism sector, and specifically to the hotel booking. In this paper we consider the online hotel booking to analyze the consequences on purchase behavior stemming from the fairness price perception. These effects can be seen in the long term when the situation is irreversible, therefore the sellers should know those consequences to be clear about the effects that can have if their prices are considered unfair.
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Giarratana, Marco, Myriam Mariani, and Ingo Weller. "The price of unfair prizes to R&D inventors." Academy of Management Proceedings 2014, no. 1 (January 2014): 13775. http://dx.doi.org/10.5465/ambpp.2014.13775abstract.
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Lee, Woo Baik. "The Effect of KRX Halts on Overheated Short-selling Stocks." Korean Journal of Financial Studies 49, no. 5 (October 31, 2020): 741–76. http://dx.doi.org/10.26845/kjfs.2020.10.49.5.741.
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Korea Exchange (KRX) has adopted several measures to ease temporary overheating of short-selling stocks in the market since March 27, 2017. These measures aim to curb excessive volatility and unfair trade, promoting efficient price discovery. This study examines the effect of overheated short-selling halts using the sample data from these KRX measures during the period of September 2017 to October 2019. The major empirical results are: first, the drop in prices of overheated short-selling stocks on a downward trend slows significantly after KRX announcement. Moreover, the stock price rise on the triggering day shows no additional increase in the period after the trigger. Second, for the stocks so triggered, the volatility in the period after the halt announcement shows no significant difference from the pre-halt period. This can be attributed to the resolution of the information asymmetry by calling investors’ attention to overheated short-selling. Third, the ratio of short-selling to trading after halt suggests no statistically significant difference from the period before the trigger. These results imply that the measures to ease overheated short sale of stocks in KRX are effective in controlling excessive temporary volatility and unfair trading.
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Svensson, Ola. "The Unfair Contract Terms Directive." Nordic Journal of European Law 3, no. 2 (December 23, 2020): 24–38. http://dx.doi.org/10.36969/njel.v3i2.22099.
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The harmonisation of consumer law in Europe has been an important objective within the EU. Efforts have focused not only on improving the functioning of the internal market, but also on securing a high level of consumer protection in the Member States. With regard to consumer contracts, the Unfair Contract Terms Directive has come to play a key role, not least due to the case law of the European Court of Justice in this area in recent years. This article examines the need for an unfairness test of standard contracts and argues that the directive can be expanded to also include individually negotiated contract terms, and terms that relate to the main subject matter of the contract, the adequacy of the price, and changed circumstances. Such amendments would result in a greater correspondence between EU law and Swedish and Nordic law. Although full harmonisation is not possible in the short term, I will argue that a revision should point in this direction. However, I will begin my account with a presentation of the directive and how it has been implemented in Swedish law.
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Watts, Alison. "Fairness and Efficiency in Online Advertising Mechanisms." Games 12, no. 2 (April 15, 2021): 36. http://dx.doi.org/10.3390/g12020036.
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Online advertising often involves targeting ads to certain types of consumers where ads are commonly sold by generalized second price auctions. However, such an auction or mechanism could be considered unfair if similar consumers are consistently shown different ads or consistently receive different payoffs. Results show that such ascending bid auctions may result in unfair treatment and additionally that uncertainty regarding an ad’s value can result in inefficiency. An alternative way to assign ads to consumers is presented called the random assignment mechanism. Results show that the random assignment can improve fairness while improving efficiency in some circumstances.
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Gal, Michal S. "THE CASE FOR LIMITING PRIVATE EXCESSIVE PRICING LITIGATION." Journal of Competition Law & Economics 15, no. 2-3 (June 2019): 298–326. http://dx.doi.org/10.1093/joclec/nhz015.
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ABSTRACT In the European Union, private litigation of competition law violations is in its nascence. As this article shows, excessive pricing raises strong concerns for such litigation, for three reasons: (1) the inherent difficulty of defining what constitutes an unfair price; (2) additional challenges inherent to private excessive pricing litigation, such as the need to pinpoint when exactly a price becomes unfair; and (3) the institutional features of general courts in EU member states, which are ill-suited to the required tasks. We elaborate on these concerns, pointing to four specific challenges inherent to private litigation and to three instances where a lack of sufficient economic understanding could entrap general courts (a cost trap, a fairness trap, and a monopolistic competition trap). Together, these factors create a risk of error costs much higher than any experienced so far, which could potentially reduce welfare. The article suggests some measures that can be taken to ensure that welfare is served.
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Davis, Peter, and Vivek Mani. "The Law and Economics of Excessive and Unfair Pricing:: A Review and a Proposal." Antitrust Bulletin 63, no. 4 (December 2018): 399–430. http://dx.doi.org/10.1177/0003603x18807804.
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The law on excessive pricing by a dominant firm derives from Article 102 of the Treaty on the Functioning of the European Union (TFEU), considered in the United Brands (UB) decision by the European Court of Justice (ECJ). The UB decision described a test that requires an assessment of whether prices are excessive to the point of being unfair in the sense that it has no reasonable relation to economic value of the product supplied (either in itself or in comparison to other products). In this article, we describe a coherent microeconomic framework for understanding the proper relationships between price, economic costs, and economic value. In particular, we propose an economic approach, which we believe courts should adopt to help structure their consideration of allegations of excessive and unfair pricing. While the economics can be very helpful in structuring analysis under both limbs of the UB test, it also makes clear that ultimately judges will need to make a judgment about what is, and what is not, fair pricing by a dominant firm.
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Быкова, O. Bykova, Ольховская, M. Ol'hovskaya, Сысоева, and A. Sysoeva. "Features of the Unfair Competition in Russia and Abroad." Economics of the Firm 6, no. 1 (April 12, 2017): 6–12. http://dx.doi.org/10.12737/25154.
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The competition is the primary mechanism for modern market system. The competition serves as regulator. It motivates producer to introduce the newest methods and solutions, improve productivity and access to markets, to improve the production technology organization of work. The competition is a necessary attribute of an advanced economy. It is an incentive for improving the quality products, increased volume of productions, formation of feasible price, accurate advertising. At the same time, certain types of competition conflict with established business customs and traditions. The unfair competition was prohibited by law in the most countries. However, the methods of unfair competition are constantly improving, so making them more subtle and
sophisticated.
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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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Rydzewski, Marissa. "Price Gouging During a Pandemic: The Federal Government’s Response." DttP: Documents to the People 48, no. 4 (December 4, 2020): 33. http://dx.doi.org/10.5860/dttp.v48i4.7480.
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On March 11, 2020, the World Health Organization (WHO) characterized the COVID-19 outbreak as a pandemic. Two days later, the US president declared a state of emergency in Proclamation No. 9994. One of the many problems that arise with a public health crisis is the shortage of essential medical supplies like ventilators, masks, and hand sanitizer. When these items become scarce, some businesses or entrepreneurs try to inflate their prices to make a higher profit when they know they can still sell these necessary items. These high costs on goods during disasters or emergencies can seem unfair and make it difficult for those who need them able to afford them. During these stressful times, it’s important for Americans to recognize and report price gouging when they suspect fraudulent activity when purchasing items. Where do people find the authority on anti-price gouging laws? Typically, it is each state’s responsibility, however, in times of crisis, the federal government could also do what is necessary to protect the public interests. This paper will assist people in understanding what price gouging is, how to recognize when price gouging is occurring, and how to report it. Additionally, this paper will address what responsibility the federal government has to protect Americans from price gouging schemes in times of crisis and what it is currently implementing to prevent these fraudulent actions.
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Hawk, Barry E. "Antitrust in History." Antitrust Bulletin 63, no. 3 (June 20, 2018): 275–82. http://dx.doi.org/10.1177/0003603x18783124.
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The antitrust world before 1890 looks barren when compared with today’s global antitrust industry. The most common antitrust laws in pre-modern societies condemned practices that had the perceived tendency to raise prices: forestalling, hoarding and price fixing. Enforcement was focused on retail markets and trade in essential foodstuffs, like grain. Laws intended to ensure fair prices are common throughout history. Rules prohibiting unfair or excessive prices raise the more general question of price controls in pre-industrial societies. The historical evidence is ambiguous. Laws prohibiting monopolistic or abusive conduct are less clearly evident than anti-cartel laws in pre-industrial societies, although a few references exist. Before the 20th century, courts and authorities lacked the tools of modern economic analysis, like mathematics-based theories of harm. This absence of modern economics meant that there was no clear distinction among “economic,” “social,” “moral” and “political” policy objectives. Laws concerning product quality, consumer fraud and misrepresentations are commonly found in pre-modern societies. Although consumer protection rules were based on notions of fair dealing and justice, the rules were consistent with modern economic notions of transaction cost efficiencies, asymmetric market information and imperfect market information.
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Mandal, Pratap Chandra. "Public Policy Issues in Pricing." International Journal of Applied Management Theory and Research 1, no. 2 (July 2019): 17–30. http://dx.doi.org/10.4018/ijamtr.2019070102.
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Companies adopt pricing policies which maximize their revenues and profits generated. Sometimes, those pricing policies are not fair. The major public policy issues include unfair pricing practices within distribution channel levels such as price-fixing and predatory pricing, and across distribution channel levels such as retail price maintenance, deceptive pricing, and discriminatory pricing. Companies also set dynamic pricing. They set high prices for products to cover distribution costs, advertising and promotion costs, and excessive markups to generate extra revenues. Companies try adopting fair pricing policies. Laws and regulations are enforced to ensure it and that customers are benefited. However, sometimes it is difficult to ensure the legal and ethical aspects of pricing practices. Both governments and companies should be aware about the social goods used by customers and their pricing implications. Proper understanding and implementation of pricing policies will benefit both companies and customers and help in developing long-term customer relationships.
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Mandal, Pratap Chandra. "Pricing and Public Policy Issues." International Journal of Business Strategy and Automation 2, no. 4 (October 2021): 1–14. http://dx.doi.org/10.4018/ijbsa.20211001.oa2.
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Companies adopt pricing policies to maximize the revenues and profits generated. Some of the policies are not fair. Major public policy issues in pricing include unfair pricing practices within distribution channel levels such as price-fixing and predatory pricing, and across distribution channel levels such as retail price maintenance, deceptive pricing, and discriminatory pricing. Companies set dynamic pricing and high prices for products to cover distribution costs, advertising and promotion costs, and excessive mark-ups. Companies try adopting fair pricing policies. Nevertheless, laws and regulations are enforced to ensure that the policies are followed and customers are benefited. Sometimes, it is difficult to ensure that the practices are legal and ethical. Governments and companies should also be aware about the pricing implications of the social goods used by customers. Proper understanding and implementation of pricing policies will benefit both companies and customers and help in developing sustainable strategies and long-term customer relationships.
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Schotanus, Fredo, Jan Telgen, and Luitzen de Boer. "Unfair allocation of gains under the Equal Price allocation method in purchasing groups." European Journal of Operational Research 187, no. 1 (May 2008): 162–76. http://dx.doi.org/10.1016/j.ejor.2007.03.009.
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Freeman, Anne. "Contracting with small businesses: include unfair terms in your standard form contracts at your peril." APPEA Journal 58, no. 2 (2018): 550. http://dx.doi.org/10.1071/aj17060.
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Many companies operating in the oil and gas space might think that the Australian Consumer Law has little impact on them. However, in November 2016, amendments were made to the Competition and Consumer Act extending the unfair contract terms regime under that legislation beyond dealings with individual consumers to small businesses. This reform has potential far-reaching consequences for companies in the oil and gas sector which use standard form contracts with suppliers of goods and services. A standard form contract is one that is prepared by one party to the contract where the other party has little or no opportunity to negotiate the terms. If the contract counterparty is a small business (employing less than 20 employees) and if the upfront price is no more than $300 000 or $1 million if the contract is for more than 12 months, it is caught by this regime. If the standard form contract contains terms which are unfair, those terms may be declared void and there may be other consequences, including orders for monetary redress, penalties and the entire contract being avoided. This extended abstract will explain the business to business unfair contracts regime, including what contracts it affects, which contracts and terms are excluded from the regime, and it will examine, by way of some case studies, the types of terms which have been found to be unfair.
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Pukthuanthong, Kuntara, and Thomas J. Walker. "A review of IPO selling methods: Is there a clear winner?" Corporate Ownership and Control 3, no. 2 (2006): 68–74. http://dx.doi.org/10.22495/cocv3i2p8.
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After the hot IPO market of 1999/2000, numerous U.S. underwriters have been sued in connection with unfair IPO allocation schemes. In these lawsuits, plaintiffs contend that the underwriters engaged in illegal tactics by soliciting and receiving kickbacks in exchange for allocations of portions of a company’s IPO, required tie-in purchases creating an artificial demand for the stock, and artificially inflated the price of the stock through “laddering” (requiring purchases of additional stock in the aftermarket at escalating prices). The proliferation of these laddering schemes has inspired several government agencies and regulatory bodies to seek alternatives for a fairer way to sell IPO shares to the public. While auctions such as that used by Google alleviate issues related to unfair share allocation, they are associated with other problems which make them unattractive for many issuers. Our study discusses the advantages and disadvantages of the existing selling methods. While there is no clear-cut answer as to what constitutes the bestselling method, our study should provide corporate managers with the necessary insights that are needed to choose the method that best meets their objectives. In addition, our study aims to open the door for further academic discussion that is required to address a number of questions that to date remain unanswered in this area.
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Phillips Sawyer, Laura. "California Fair Trade: Antitrust and the Politics of “Fairness” in U.S. Competition Policy." Business History Review 90, no. 1 (December 21, 2015): 31–56. http://dx.doi.org/10.1017/s0007680515001063.
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In the decades before World War II, U.S. antitrust law was anything but settled. Considerable pressure for antitrust revision came from the states. A perhaps unlikely leader, Edna Gleason, organized California's retail pharmacists and coordinated trade networks to monitor and enforce Resale Price Maintenance (RPM) contracts, a system of price-fixing, then known as “fair trade.” Progressive jurists, including Louis Brandeis and institutional economist E. R. A. Seligman, supported RPM as a protection to independent proprietors. The breakdown of legal and economic consensus regarding what constituted “unfair competition” allowed businesspeople to act as intermediaries between heterodox economic thought and contested antitrust law, ultimately tailoring federal policy to accommodate state regulations.
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Awwal, Muhammad Al Faridho, and Dewi Wahyu Setyo Rini. "Remain Results of Network Retail Transactions: Potential Charity in Indonesia." IQTISHODUNA: Jurnal Ekonomi Islam 9, no. 1 (April 1, 2020): 17. http://dx.doi.org/10.36835/iqtishoduna.v9i1.467.
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In the modern market or what is usually known as retail chains, most goods are sold with non-rounded price which creates price differences that cannot be translated into any physical value of printed money. The accumulated price differences are usually donated into charities which are managed by certain companies. However, it makes people worried about any indications of management overlap between charity donations and Corporate Social Responsibility (CSR) due to the intransparency of datas in terms of their financial managements.Not to mention, the unfair distribution of the donation money only resulted into donation receipients that are very centralized in some areas. Therefore, using conceptual research method with qualitative datas and strong references we try to observe this problem so that this uneasiness of the society about any overlap of CSR distribution and the charity money from consumers can be put into rest.
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Mashum, AM Hafidz, Marlina Marlina, Marlina Marlina, Marlina Marlina, and Marlina Marlina. "Nusantara Syariah Economy (Construction of Economic Cooperation between the Indonesian Muslim Community)." IQTISHODUNA: Jurnal Ekonomi Islam 9, no. 2 (October 1, 2020): 197. http://dx.doi.org/10.36835/iqtishoduna.v9i2.490.
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In the modern market or what is usually known as retail chains, most goods are sold with non-rounded price which creates price differences that cannot be translated into any physical value of printed money. The accumulated price differences are usually donated into charities which are managed by certain companies. However, it makes people worried about any indications of management overlap between charity donations and Corporate Social Responsibility (CSR) due to the intransparency of datas in terms of their financial managements.Not to mention, the unfair distribution of the donation money only resulted into donation receipients that are very centralized in some areas. Therefore, using conceptual research method with qualitative datas and strong references we try to observe this problem so that this uneasiness of the society about any overlap of CSR distribution and the charity money from consumers can be put into rest.
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Dearden, Nick. "Is shifting to US-style deregulation the inevitable consequence of Brexit?" Soundings 75, no. 75 (September 1, 2020): 82–94. http://dx.doi.org/10.3898/soun.75.05.2020.
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A US trade deal is a crucial part of Johnson's post-Brexit drive towards deregulation. The deal is seen as a golden opportunity to import an American-style lax approach to regulation. For the US negotiators, any imposition of regulations and standards on imported goods is seen as creating unfair barriers for trade. This is the cause of headlines about chlorinated chickens, but will also affect public services - which are regarded as unfair competition. Price regulation - as, for example, for drugs used by the NHS - is also seen as interference. A deal is also likely to include clauses binding the settlement into the 'corporate courts' system, which allows businesses to prosecute governments for 'discriminating' against them. In the EU Britain was protected against such demands from bigger states, and its MEPS could vote on treaty terms. However UK MPs do not have oversight over such deals. A wide coalition has been formed to oppose the deal, which may be able to reach beyond the 'Brexit divide'.
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Monaghan, Maura J., and Michael S. Monaghan. "Do Market Components Account for Higher US Prescription Prices?" Annals of Pharmacotherapy 30, no. 12 (December 1996): 1489–94. http://dx.doi.org/10.1177/106002809603001219.
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BACKGROUND: Although only 7–8% of US healthcare expenditures are spent on prescription drug products, the pharmaceutical industry's profitability and high cost of prescriptions to consumers make prescription drugs a visible target for reform. When compared with other products, it appears as if unfair pricing tactics are used. The pharmaceutical industry cites costs of research and development and a short patent life as justifiable grounds for high prices, but the reason why US drug prices appear to be so high has yet to be answered. OBJECTIVE: To examine identified components of the pharmaceutical industry that allow US prescription drugs to appear to be highly priced and to review the apparent factors that affect pricing policies for pharmaceuticals. DATA SOURCES: The literature was reviewed to identify current research regarding the pharmaceutical market. Sources included MEDLINE, Econolit, Business Periodical Index, International Pharmaceutical Abstracts, the Wall Street Journal, New York Times, and the F-D-C Pink Sheet. SUMMARY: Key factors account for the fact that US prescription drug prices are higher and that price discrimination occurs in the pharmaceutical industry within the US and among other countries. These factors include the unique market structure of the pharmaceutical industry, asymmetry of information, research and development costs, numerous channels of distribution and the differences among them, and government laws and regulations of prescription drugs. Pricing policies of pharmaceutical companies are based on manufacturing, promotion, and distribution costs; drug characteristics; and economic goals of the parent company.
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Nababan, Roida, and Jeremia Saragih. "TINJAUAN YURIDIS TERHADAP PERJANJIAN YANG DILARANGDALAM UNDANG-UNDANG NOMOR 5 TAHUN 1999 TENTANG LARANGAN PRAKTEK MONOPOLI DAN PERSAINGAN USAHA TIDAK SEHAT YANG DILAKUKAN OLEH PELAKU USAHA KERAMBA JARING APUNGDI HARANGGAOLHORISON KABUPATEN SIMALUNGUN." Visi Sosial Humaniora 1, no. 2 (December 18, 2020): 8–21. http://dx.doi.org/10.51622/vsh.v1i2.76.
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This study aims to analyze the forms of agreement prohibited in Law Number 5 of 1999 concerning the Prohibition of Monopolistic Practices and Unfair Business Competition carried out by floating net cage business actors in Haranggaol Horison, Simalungun Regency. This study uses a juridical empirical and normative juridical approach, through field research and literature research to obtain primary data and secondary data. Literature study is carried out on statutory regulations and other literature and field research is carried out by interviewing business actors of floating net cages in Haranggaol Horison, Simalungun Regency. The data obtained were then analyzed using a quantitative approach and described by analytical descriptive. The results of the study concluded that the forms of agreements that are prohibited under Law 5 of 1999 carried out by business actors in Haranggaol Horison include oligopoly, price fixing agreements, oligopsony, and vertical integration. To prevent the form of a prohibited agreement, it is necessary to establish a cooperative for floating net cage fish business actors to supervise business competition, direct and mitigate the impact of unfair business competition.
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Suhonen, Niko, and Mikael Linden. "UNFAIR GAMES, SUBJECTIVE PROBABILITIES, AND FAVOURITE-LONGSHOT BIAS IN FINNISH HORSE RACING." Journal of Gambling Business and Economics 4, no. 2 (January 2, 2013): 43–62. http://dx.doi.org/10.5750/jgbe.v4i2.555.
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This paper discusses risky and uncertain decision-making in the framework of gambling. The well-known anomaly of favourite-longshot bias is considered. We argue that gambling behaviour can be seen as consumption. Thus, gambling behaviour is more than a risky choice. It is reasonable to assume that the price of gambling is the take-out rate or the expected loss. We illustrate, with some elementary gambling, that the gambling markets constitute an environment where risky choices can be measured only with probabilities. Typical gambling behaviour (e.g. horse betting) is modelled by an approach that includes the attractiveness of risk, subjective probability, and the utility of money. We tested the favourite-longshot bias with a large accumulated dataset from Finnish horse race tracks that monitored more than 27,000 races over a five-year period. The empirical results indicate that Finnish gamblers’ behaviour is biased: they gamble too little on favourites and too much on longshots. Our results confirm the universality of the favourite-longshot bias that can be found in Western Europe, Australia and the USA.
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Dipu, SMMA, MR Begum, and S. Sultana. "Socio-economic, farm and technological characteristics of the peri-urban small and marginal dairy farmers of Chittagong metro area, Bangladesh." SAARC Journal of Agriculture 17, no. 1 (August 25, 2019): 77–91. http://dx.doi.org/10.3329/sja.v17i1.42763.
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The paper depicted the salient features of the socio-economic, farm and technological background and the existing problems of the peri-urban small and marginal dairy farmers of Chittagong Metro Area (CMA), Bangladesh. Data were collected using a pre-tested structured questionnaire. Snowball sampling method was used to gather socioeconomic, farm and technological data. Both descriptive statistics and mathematical analyses were used for analyzing the data. The study finds the peri-urban small and marginal dairy farmers are not fully dependent on dairy farming for income and young people are less interested in dairy farming as well. Better education status, less profitability, unfair and unstable price, etc. might be the reasons behind this circumstance. Though the farmers get lesser price for milk, the milk price is higher in urban market. Interestingly, 62.7%, 52.9% and 51.0% of the farmer families have smartphone, facebook and internet users respectively. Based on the findings, the study recommends that technology-based market linkage could be created by any government/non-government development partner between the cluster-based farmers’ group and the urban consumers for ensuring fair price for milk.
SAARC J. Agri., 17(1): 77-91 (2019)
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Breslow, Alex D., Ananta Tiwari, Martin Schulz, Laura Carrington, Lingjia Tang, and Jason Mars. "Enabling Fair Pricing on High Performance Computer Systems with Node Sharing." Scientific Programming 22, no. 2 (2014): 59–74. http://dx.doi.org/10.1155/2014/906454.
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Co-location, where multiple jobs share compute nodes in large-scale HPC systems, has been shown to increase aggregate throughput and energy efficiency by 10–20%. However, system operators disallow co-location due to fair-pricing concerns, i.e., a pricing mechanism that considers performance interference from co-running jobs. In the current pricing model, application execution time determines the price, which results in unfair prices paid by the minority of users whose jobs suffer from co-location. This paper presents POPPA, a runtime system that enables fair pricing by delivering precise online interference detection and facilitates the adoption of supercomputers with co-locations. POPPA leverages a novel shutter mechanism – a cyclic, fine-grained interference sampling mechanism to accurately deduce the interference between co-runners – to provide unbiased pricing of jobs that share nodes. POPPA is able to quantify inter-application interference within 4% mean absolute error on a variety of co-located benchmark and real scientific workloads.
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Sukma, Ria Permata. "Price agreement and market provision between principal and distributor in the constitution no. 5, 1999." Jurnal Hukum Volkgeist 3, no. 2 (April 10, 2019): 127–33. http://dx.doi.org/10.35326/volkgeist.v3i2.121.
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Market structure is one of the things that determines potential occurance of price fixing. Market characteristics with large entry barriers for newcomers causing difficulties for competitors to enter so that there are no substitutes. Distributor is one of the business actors namely a national trading company that acts for and in its own name based on an agreement with the principal to make purchases, storage, sales and marketing of goods and/or services. There are pricing activities in business activities carried out by distributors with their networks in controlled markets, so the main issue in this study is whether the pricing is included in the price fixing agreement which is prohibited by the Law Prohibition of Monopolistic Practices and Unfair Business Competition. The approach used to analyze the problem is statute and conceptual approach to examine and find legal concepts that are relevant to the issues raised, thus finding a way out and produce solution for business actors to become more competitive and avoid anti-competitive behavior.business competition, price fixing, market share, distributors, principals
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CHAPUIS, Jean Michel. "Consumers’ Perceptions of Price Steering in Shopping Online for Tourism." Journal of Management Research 13, no. 3 (July 18, 2021): 1. http://dx.doi.org/10.5296/jmr.v13i3.18810.
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When confronting discriminations during the buying process, the consumers may perceive unfair transactions and some untrustworthy providers. Price steering is a common manipulation of listing offers tailored to a customer’s request. The consumers receive a same-products list in a different order for the same query on e-shop. The study questions whether its performance is related to discrimination among consumers. This paper mobilizes the theory of Justice to explore perceptions of fairness and trust in the practice of price steering. The proposed framework states that the post-purchase stage reveals perceptions intervening in the effect of price steering on willingness to pay.An experiment with a total 883 respondents is simulating an online shopping. The list of options shown online is manipulated. This study documents the main effect of price steering such as a higher willingness to pay and driving online purchasers toward certain choices. This effect is found to generate up to 20% of extra revenue. The analysis also finds a negative influence on perceptions with no difference between the discriminated segments of the market. Implications for researchers and managers: the pricing schemes should be carefully tailored to maintain fairness, as well as profitability, by considering rate parity across online channels and purchasing experiences.
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Goncharuk, Anatoliy, Veronika Khudolei, Olena Stanislavyk, Vadym Yatsyshyn, and Yuliia Semenchuk. "Barriers to energy sustainability: A case study from Ukraine." E3S Web of Conferences 307 (2021): 05004. http://dx.doi.org/10.1051/e3sconf/202130705004.
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Sustainability goals imply not only economic and environmental components, but also a social one. The energy business around the world is profitable and economically viable, but it does not always bring appropriate benefits to a society. Besides, some governments, instead of protecting the interests of the population, turn a blind eye and generate injustice in relation to some parts of society in collaboration with energy companies. This paper examines one of the cases when the authorities pursue an unfair policy and contribute to the growth of inequality in society through regulating the natural gas tariffs. The paper considers a case of natural gas consumption and its unfair taxation by the Ukrainian government, which the authors called “gas tax”. A statistical analysis of this case revealed that honest middle-income taxpayers (middle class) are at the most disadvantageous position because they have to pay for utilities at the highest price. The paper also discusses a number of challenges and ethical issues related to the payment of gas tax. All these challenges should become arguments for revising the gas tax, making it less painful for the people and fair.
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Puspasari, Novita, and Yudha Aryo Sudibyo. "No Guts, No Glory: Promoting Economic Independence of Brown Sugar Farmers Through Co-Operative." HOLISTICA – Journal of Business and Public Administration 10, no. 1 (April 1, 2019): 24–36. http://dx.doi.org/10.2478/hjbpa-2019-0003.
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Abstract Banyumas regency is the largest producer of brown sugar in Indonesia. One location which produce brown sugar is in Ketanda Village. Unfortunately, most of brown sugar farmers have been trapped to bad middlemen for decades since they are lack of capital and market access. The farmers pay debt to middlemen with their sugar then the price is determined by the middleman. Moreover, middlemen buy brown sugar in much lower price than the market price. Both the buying price and the debt scheme determined by the middlemen are unfair to brown sugar farmers. This research used action research method. In the first step of action research, diagnosis, it was found that brown sugar farmers need an institution which can facilitate them to be free from middlemen, strengthen the farmers community, and also develop their business model. Therefore, the intervention made by gathering local actors and they committed to build a cooperative. There are two implications from this study. First, this study will enrich literature in cooperative as a social enterprise which has a main goal to manage social problem. Second, if successfully implemented, the cooperative model can be replicated in other regions to manage the same social problem, thus farmer’s economic independence will be achieved.
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Jamil, Ahmad Syariful, and Netti Tinaprilla. "PEMASARAN GARAM RAKYAT (Studi Kasus Desa Lembung, Kecamatan Galis, Kabupaten Pamekasan, Jawa Timur)." Forum Agribisnis 5, no. 2 (July 18, 2017): 121–38. http://dx.doi.org/10.29244/fagb.5.2.121-138.
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Salt is a strategic and high economic valued commodity because it is needed in every human food as a main raw material. The purpose of this research was to analyze marketing channels, function, structure and marketing institutions of farmer salt commodity and to analyze the efficiency of farmer salt marketing in anymarketing channel using marketing margin, farmer’s share and benefit cost ratio approach. The research showed that there were main channels, the formation of which was based on the starting point of the distribution with different institutions, functions and market structure in each channel. The result of operational efficiency analysis indicator and qualitative indicator showed that all marketing channels were inefficient. This was due to the fact that farmers had a role as a price taker and price fixing tended to be unfair because farmer had a weak bargaining power. Thus, goverment role was hoped to change farmers‘roles and improve the presence of farmer groups to increase farmer prosperity.
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Yan, Gao, and Qian Pu. "Evaluation and Analysis of Administrative Monopoly in China's Oil Industry." Copenhagen Journal of Asian Studies 32, no. 1 (September 11, 2014): 49–75. http://dx.doi.org/10.22439/cjas.v32i1.4596.
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China's oil and petrochemical industry is under administrative monopoly. Administrative monopoly, according to the Unirule Institute of Economics, refers to trade monopoly from concessions granted and the monopolistic power conferred by administrative departments through administrative documents on business entities—enterprises or administrative institutions that are also engaged in profit-making activities. Administrative monopolies come in various forms, including barriers to entry, special privileges and price regulation, which lead to multi-level monopolistic powers and status. The administrative monopoly in China's oil and petrochemical industry has evolved from the previous planned economy. Although the central government has the motivation to reform state-owned enterprises to increase revenue, which has been mainly from taxation, it lacks the impetus to break the administrative monopoly. This article shows that the barriers to entry form high monopoly prices and transfer the consumer surplus into business profit, which is unfair and distorts income allocation. After analysing the forms and origins of administrative monopoly in China's oil and petrochemical industry, the article demonstrates that administrative monopoly causes distorted factor prices, compromises fair trade, reduces efficiency and causes loss of social welfare and degradation of business ethics. This article also proposes judicial, administrative and market-oriented reform solutions
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Sulistyani, Wanodyo, and Soni A. Nulhaqim. "Potensi Konflik dalam Relasi Penjeratan Hutang di Masyarakat Nelayan: Studi Kasus Relasi Bakul dan Langgan di Desa Gebang Mekar Kabupaten Cirebon." EMPATI: Jurnal Ilmu Kesejahteraan Sosial 5, no. 1 (June 9, 2016): 11–19. http://dx.doi.org/10.15408/empati.v5i1.9773.
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Debt bondage is a relation pattern between Bakul (the capital owner) and Langgan (fishers who are indebted to Bakul) in Gebang Mekar Village, Cirebon District. This debt bondage are imperishable because the lack of Langgan’s ability to pay their debt to Bakul; while Bakul as the capital owner has power to determine the price of fish and other fisheries products, where the fishers have obligation to sell their harvest to their Bakul. Yet, Bakul’s price is lower than the market price. As a result, to increase the fishers’ profit, they sold their harvest to other Bakul; this behavior is potentially raised a conflict between fishers and their Bakul also among Bakul. Study of Criminology explained the relation between the powerful and the powerless in making law in their favor. Unfair law has encouraged the powerless to breaking the law, and creating conflict. In this article, initially, the lack of fishers’ welfare related to the role of the state will be reviewed; next, the criminology theories which explain about violation and the causes of conflict will be outlined; furthermore, the relation between Bakul and Langgan in Gebang Mekar Village, Cirebon District will be described; lastly, potential conflict that arise because of Bakul and Langgan relation will be analyzed with criminology theories.Keywords: Conflict, social Relation, Fishery Community.
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Duzha, Juxhen, Brunilda Hoxhalli, Enxhi Lika, and Steisi Mici. "Statistical Analysis of the Government Expenditure for Greece: January 2008- September 2015." European Journal of Economics and Business Studies 5, no. 1 (August 30, 2016): 22. http://dx.doi.org/10.26417/ejes.v5i1.p22-32.
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The main purpose of the present study is to develop a statistical analysis of the government expenditure for Greece during the period January 2008- September 2015. The source of the official data is the Greece Organization for Economic Co-operation and Development. The Kolmogorov’s Central Limit Theorem, “fair game” concept in the sense of Stein-Vorobiev, Kolmogorov- Smirnov- Lilliefors test and Shapiro- Wilk test are applied. The government expenditure is estimated based on current price or as a percentage of GDP. Some results of the present study include: The official data of quarterly government expenditure for Greece during the period January 2008-September 2015 contradicts the CLT at the confidence level 95%. The official data of quarterly government expenditure expressed as a fraction of GDP for Greece during the period January 2008-September 2015 contradicts CLT at the confidence level 95%. The government expenditure process in Greece during the period January 2008-September 2015 is an unfair game at the confidence level 95%. The government expenditure as a fraction of GDP in Greece during the period January 2008-September 2015 is an unfair game at the confidence level 95%. The official data of quarterly GDP for Greece during the specified period contradicts CLT at the confidence level 95%. The quarterly GDP in Greece during the specified period is a fair game at the confidence level 95%.
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Rodenberg, Ryan, and Elihu D. Feustel. "FORENSIC SPORTS ANALYTICS: DETECTING AND PREDICTING MATCH-FIXING IN TENNIS." Journal of Prediction Markets 8, no. 1 (June 17, 2014): 77–95. http://dx.doi.org/10.5750/jpm.v8i1.866.
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Despite some degree of lingering friction between sports leagues and wagering, the eradication of corruption in sports is one issue in which the interests of sports governing bodies, reputable gambling businesses, entities affiliated with the sports industry, and law enforcement are allied. This paper aims to: (i) detect match-fixing corruption in tennis and (ii) predict such match-fixing before it occurs. We first compare proxy measures of effort in fair matches versus possibly unfair matches – matches played in the first round, where wagering-induced manipulation is more likely. The results show that players exert less effort (tanking) in the first round, even when adjusting for the slightly greater difference in skill level in such matches. We next determine whether the gambling markets were able to identify fixing, tanking, or other types of manipulation before the match was played. Using two predictive tennis models (ELO, Common-Opponent) to determine the fair trading price of a tennis match, we find prima facie evidence of the betting markets being affected, with an average of 23 matches per year likely being manipulated or outright fixed each year. Finally, we determine whether fixed matches can be identified before they are played using predictive modeling and by observing real-time market price changes. We conclude that when the betting price has a large irrational move away from the fair model-predicted price, the move is indicative of a fixed match before it is played.
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Manalu, Hottua. "Notifikasi Aksi Korporasi Sebagai Instrumen Hukum Pencegah Praktik Monopoli dan Persaingan Usaha Tidak Sehat." Undang: Jurnal Hukum 2, no. 1 (October 28, 2019): 33–67. http://dx.doi.org/10.22437/ujh.2.1.33-67.
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This article discusses about corporation action notification on the competition law perspective. Corporation action notification is a notification obligations by the business actor to the Business Competition Supervisory Commision about corporation action in the form of incorporation, fusion, or company share acquition that caused asset value or sales value is ecxceed specific value. This article concluded that notification is an important instrument to prevent monopolistic practices and unfair competition, because a corporation action has an influence towards business competition, that can increase market concentration and this can make a product price more higher and business actor’s market power become bigger so that can threatening small business actor. However, the notification nowadays applied in Indonesia is notification to the commission after the corporation action has been done, or as known as post-notification, actually is not effective to prevent monopolistic practices and unfair competition, because of the notification is delivered after the corporation action has been done, so that in case the Commission assess that the corporation action is causing monopolistic practices and unfair competition then the revocation is complicated. Therefore, this article is encouraging notification to be done before corporation action is started, as known as pra-notification, so monopolistic practices and unfair competition possibility can be detected earlier and can be prevented.
Abstrak
Artikel ini membahas notifikasi aksi korporasi dalam perspektif hukum persaingan usaha. Notifikasi aksi korporasi adalah kewajiban pemberitahuan oleh pelaku usaha kepada Komisi Pengawas Persaingan Usaha atas aksi korporasi baik dalam bentuk penggabungan, peleburan, maupun pengambilalihan saham perseroan yang berakibat nilai aset dan atau nilai penjualannya melebihi jumlah tertentu. Artikel ini menyimpulkan, notifikasi merupakan instrumen penting dalam mencegah praktik monopoli dan persaingan usaha tidak sehat, dikarenakan aksi korporasi berpengaruh terhadap persaingan usaha, yaitu menyebabkan bertambahnya konsentrasi pasar yang dapat menyebabkan harga produk semakin tinggi dan kekuatan pasar pelaku usaha menjadi semakin besar sehingga dapat mengancam pebisnis kecil. Namun demikian, notifikasi yang saat ini berlaku di Indonesia, yaitu pemberitahuan kepada Komisi setelah aksi korporasi selesai dilakukan, atau yang dikenali dengan post-notifikasi, sesungguhnya tidak efektif mencegah praktik monopoli dan persaingan usaha tidak sehat, dikarenakan notifikasi disampaikan setelah aksi korporasi selesai dilakukan, sehingga dalam hal Komisi menilai aksi korporasi menyebabkan praktik monopoli dan persaingan usaha tidak sehat maka pembatalan jelas mengalami kerumitan. Oleh karenanya, artikel ini mendorong notifikasi dilakukan sebelum aksi korporasi dilakukan, yang disebut dengan pra-notifikasi, agar kemungkinan terjadinya praktik monopoli dan persaingan usaha tidak sehat diketahui sejak dini dan dapat dicegah.
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Anavrat, Vinod, Ropan Bante, and Mamta Mokde. "Acid lime Growers’ Feasibility Perception of Contract Farming." Current Agriculture Research Journal 5, no. 3 (November 4, 2017): 331–35. http://dx.doi.org/10.12944/carj.5.3.11.
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Contract farming is generally practiced by food processing firms wherein the risk is allocated between the company and its growers. Its key aspect is risk sharing and risk reduction. Hence we made an attempt to know the perception of acid lime growers and ascertain the prospects of contract farming. The sample comprised of 200 acid lime growers in 3 districts of Maharashtra, using random walk sampling technique. The data collected through a structured interview schedule were analyzed using the t-test of significance of difference between sample and population means. The study revealed significant relationship between occupation (t=1.596) and perceived acceptability of contract farming in citrus at 5 per cent level of significance. Similar relationship prevailed between annual income from acid lime (t=0.391) and perceived acceptability of contract farming in citrus. Guaranteed and fixed pricing structures was perceived to be the main advantage of contract farming which attracted attention of the maximum respondents (RBQ=175). As regarding risk factors, inadequate water for irrigation ranked the topmost factor followed by price uncertainty. In case of issues governing profitability, unfair market price has been ranked as the number one issue (RBQ=181.33) followed by over production and less market price (RBQ=178.33) to the produce. It is expected that this study will help policy makers to develop more appropriate marketing policies in India.
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Minn, Mari. "Excessive Pricing of Pharmaceuticals in the EU: Balancing between Exploitation and Exploitative Abuse." TalTech Journal of European Studies 10, no. 3 (December 1, 2020): 91–108. http://dx.doi.org/10.1515/bjes-2020-0023.
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Abstract Normally, after the end of the exclusivity period offered by patents, medicines fall in public domain attracting competing companies to launch generic production that would bring down price levels. for different reasons, generic production of off-patented medicines does not always take place, allowing the main producer to continue dictate price levels. under some circumstances, this conduct may turn into exploitative abuse. However, excessive pricing itself is not anti-competitive unless other cost-and non-cost-related factors are present that turn excessive pricing a concern of competition law. The article analyses the most relevant Eu case-law on abusive pricing in the pharmaceutical sector questioning what the right benchmark price is in the light of the United Brands two-limb test. As economic calculations cannot provide universal solutions in these cases, the article suggests that the United Brands test should not be the only method to judge exploitative abuse, but rather a combination of different methods that need to be applied to achieve reliable results. As emphasised in several cases, both economic calculations and other factors should be considered to avoid the risk of false-positive results. furthermore, exploitative abuse exists only in case excessive pricing is additionally unfair. However, judging unfairness, as discussed in this article, is a complicated task where the outcomes depend on the impact of the test results on the competition process.
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Heinz, Matthias, Sabrina Jeworrek, Vanessa Mertins, Heiner Schumacher, and Matthias Sutter. "Measuring the Indirect Effects of Adverse Employer Behaviour on Worker Productivity: a field Experiment." Economic Journal 130, no. 632 (April 1, 2020): 2546–68. http://dx.doi.org/10.1093/ej/ueaa038.
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Abstract We conduct a field experiment to study how worker productivity is affected if employers act adversely towards their co-workers. Our employees work for two shifts in a call centre. In our main treatment, we lay off some workers before the second shift. Compared to two control treatments, we find that the lay-off reduces the productivity of unaffected workers by 12%. We find suggestive evidence that this result is not driven by altered beliefs about the job or the management’s competence, but caused by the workers’ perception of unfair employer behaviour. The latter interpretation is confirmed in a prediction experiment with professional HR managers. Our results suggest that the price for adverse employer behaviour goes well beyond the potential tit for tat of directly affected workers.
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Fu, Hongyong, Kok Loy Teo, Yujie Li, and Lei Wang. "Weather Risk–Reward Contract for Sustainable Agri-Food Supply Chain with Loss-Averse Farmer." Sustainability 10, no. 12 (December 1, 2018): 4540. http://dx.doi.org/10.3390/su10124540.
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Compared with the traditional agri-food supply chain (AFSC) whose only goal is to maximize economic benefits, the sustainable agri-food supply chain (SAFSC) starts to attract more attention. Typical challenges faced by SAFSC development are unfair pricing of produce, yield uncertainty caused by adverse weather, as well as conflict and cooperation between stakeholders and sustainable activities of SAFSC. In this paper, we establish a two-echelon decision-making model consisting of a loss-averse farmer and a loss-neutral company. A guaranteed price mechanism is contrived to mitigate the effects of uncertain procurement price on the farmers’ profit. It is found that this mechanism can improve the sustainable investment level but fails to reach the optimal level of the SAFSC system. Thus, a risk–reward contract taking into account the weather index (temperature) and the degree of loss aversion is designed. Results show that this contract can settle the distortion of the sustainable investment level and effectively motivate farmers to participate in the sustainable agricultural practice. Furthermore, we derive the conditions on the contract parameters under which both the company and the farmer are motivated to exert efforts to stand by sustainable agricultural practice.