The Government Of India And The Law Against Unfair Competition Of The Prc

First, it is important to define what corruption is. The term, “corruption” covers a broad range of human actions,

This essay will review the Consumer Protection from Unfair Trading Regulations 2008 (as amended) (‘CPUTs’) to assess how they are responsible for the operation of the Internal Market and consider whether the CPUTs have accomplished its objective of consumer protection. This essay will first explain the Internal Market and the significance of regulation and then proceed to demonstrate how the CPUTs enable the Internal Market to function properly and its protection of consumers.

In my opinion every country is corrupt and has pliantly of bribery in their governments, businesses, and even households. Bribery in its most basic form is the practice of giving gifts of monetary value to a client or potential customer to persuade their decision. According to Black Law’s Dictionary, bribery is “The offering, giving, receiving, or soliciting of any item of value to influence the actions of an official or other person in charge of a public or legal duty.” This practice constitutes a crime in most developed countries and is highly controversial. As with any controversy, bribery has its advantages as well as problems. Common advantages of bribery include gaining business without needing to have superior quality or services, building

Competition is considered beneficial for business and business environment, as in a competitive market, companies offer higher quality products at lower prices to be successful or to gain market share. On the other hand, businesses perhaps get involve in violation of antitrust laws that is a white collar crime as it has a bad effect on competition, can damage economy and can increase prices. Antitrust laws are formed to protect consumer and competitors from unfair competition and its consequences, these laws prohibits: conspiracies, combinations and contracts in trade restraint, mergers, and acquisitions that tend to significantly reduce the competition offenses and methods of unfair competition, as well as unfair practices and acts in the conduct of commerce and trade (Kovacic et al, 2007).

In China, corruption is so apparent that often people are disincentivized to owning businesses because permits and consultants cost too much and require bribes. Yet, bribes can cost the economy big money because essentially the corrupt businessmen are taking the money away from public services (111). The issues coming up in the future are that the governments that are corrupt might have negative impacts on other global economies and spread the norm of corruption. Yet, both countries do show the will to “purify the Party” which includes newly implemented rules against gluttony, adultery, and even playing golf under the leadership of Wang Qishan (113). In China a bigger issue is also the fact that the public is becoming increasingly involved in corruption scandals. Officials worry people will get carried away with excessive accusations (115). More issues stem from the type of political system that China has; they employ a nominal legal system that runs at the discretion of the Party leadership so this means that whoever is in power can change the entire political ideals. In India, they are based on a historical British political system with anticorruption laws but these laws are often not enforced. Yet, even when they are enforced, trials in case can last for up to a decade (116). In India, they are making moves to help out their corruption issues. They implemented the Aadhaar program

Growing up in China where the legal system isn’t fully developed, I have seen too many people ignoring and breaking laws without being punished. People change lanes constantly just to cut in line. Some stare at their cellphones while driving. Students cheat on exams. I wish the individuals have to face consequences, but they do not.

are at interest of society. When these laws are broken, there is an orderly system to deal with

In Indonesia, a local Daimler affiliate is accused of spending $41,000 on gifts for officials at a state-owned bus company, Perum Damri. And in notoriously repressive Turkmenistan, the German company reportedly handed an armored Mercedes worth €300,000 to a "high level" government official as a birthday gift.

“Rules are made to be broken” is a quote with a deeper truth than most people recognize. Governing bodies pass laws for their societies to deter dangerous or immoral acts. These laws guide humankind toward constructive actions and away from destructive ones. While laws provide structure for society, situations arise that deserve special handling. The authorities should absolve a person of committing criminal behavior if they grant special permission to that individual to perpetrate the act or if the individual does so with righteous intentions.

It would be convenient to start this research paper by stating that corruption is a challenge mainly for businesses in developing countries and that it is unrelated to the current affliction of the economy in the United States. It would also be convenient to claim corruption has declined in America as a result of awareness raising campaigns and the numerous anti-corruption laws. But none of those aforementioned statements would be true. Corruption is not the exception, but rather the rule in today’s business practices. In 2004, Daniel Kaufmann, a senior fellow at Brookings Institution and former director at the World Bank, calculated an index of "legally corrupt" manifestations which is defined as the extent of undue influence

Some say that the Chinese government allows tolerable corruption to motivate officials so that they do not have to reward them in other materialistic ways that are incongruent to the benevolent image of the party (Fan, Grossman, 2000). Anti-corruption activities only target on exposing and punishing smaller cases to appease the masses while corruption at the higher levels is often left unscathed (Pei, 2007).

a. As per many experts, it’s very thin invisible line between acceptable gifts and unacceptable bribes which differs from one country to another based on the culture.

Bribery is “a questionable or unjust payment often to a government official to ensure or facilitate a business transaction” (Lawrence & Weber, 2014, p. 105). The giving of money, the providing of a scholarship or gift, and the creation of favorable publicity are all forms of bribery (Sanyal, & Samanta, 2011; Sanchez, Gomez, & Wated, 2008). Within international “bribery…a…firm from country A offering financial or non-financial inducements to officials of country B to obtain a commercial benefit” (Sanyal, & Samanta, 2011, p. 153). Bribery is an unethical and illegal activity, as demonstrated by the passage and enforcement of the U. S. Foreign Corrupt Practices Act (FCPA)(Lawrence & Weber, 2014). Scholarly research reveals that bribery is a two sided process consisting of the supply side - the firms who supply the bribes - and the demand side - the individuals receiving the

Corruption is a complex political, social, and economic anomaly that negatively affects developing and developed countries. It weakens democratic institutions, holds economic development, widening the rich-poor gap and certainly leads to governmental instability. The World Bank definition of corruption states that “…the abuse of public office for private gain”.

The topic of bribery in India or any other countries for that matter, it is utmost important that we understand the points raised correctly and precisely. For this article, the viewpoint by the author was clear, coherent, and elaborated accordingly to the challenges faced by international firms in the form of bribery and corruption in doing business in the national or state level in India.