Slamming the Legal Guillotine on Deceptive Advertising: The Situs of Liability (Published)
This article examines the legal consequences of deceptive advertising with particular attention on who should bear the liability of such deceptive advertising. The primary objective of the study is to show that both the manufacturer who procures an advertising agent and the procured agent will be liable under the Nigerian law. The consumer is mostly motivated to go for a particular product by the persuasive force of an advertisement. Where the advertisement becomes awry, the issue of liability becomes germane. The article demonstrated clearly why the manufacturer and the advertising agent procured for the purpose of disseminating the deceptive advertisement are liable.
Keywords: Deceptive Advertising, Legal Consequences, Market, Trade, liability
Slamming the Legal Guillotine on Deceptive Advertising: The Situs of Liability (Published)
This article examines the legal consequences of deceptive advertising with particular attention on who should bear the liability of such deceptive advertising. The primary objective of the study is to show that both the manufacturer who procures an advertising agent and the procured agent will be liable under the Nigerian law. The consumer is mostly motivated to go for a particular product by the persuasive force of an advertisement. Where the advertisement becomes awry, the issue of liability becomes germane. The article demonstrated clearly why the manufacturer and the advertising agent procured for the purpose of disseminating the deceptive advertisement are liable.
Keywords: Deceptive Advertising, Legal Consequences, Market, Trade, liability
Competition in European Union- Article 101 of the Treaty on the Functioning Of the European Union, Exemptions and State Aid (Published)
Doing ‘the right thing’ in a profitable way seems to be a trend that is increasingly gaining field among business. This triggers undertakings to innovate, create new technologies and adapt the supply chain management of their production and distribution processes, which often turns out to require costly investments. Moreover, market parties often are forced to operate together with like-minded undertakings. This cooperation has instigated a lot of discussion in the framework to the current European competition law under which the behavior of market parties is scrutinized. Researches show that undertakings attach great importance to the competition policies, however, these are not always as clear and predictable. In this framework this paper, aims to identify the criteria that agreements between undertakings should fulfill in order to be considered as an exemption under Article 101(3) TFEU. In this perspective importance takes also the state-funded aid granted directly by Member States, in cases when it distorts or is likely to distort competition and adversely affects trade between Member States. Results will shed light on the so called grey area, in which these undertakings operates and unsure whether their collective actions are qualified as permissible under Article 101.
Keywords: Antitrust Laws, Block Exemption, Competition, Market Liberalization, State Aid, Trade, Vertical Restraints
CHINA – NIGERIA RELATIONS: PROSPECTS AND CHALLENGES (Review Completed - Accepted)
The study centred on China- Nigeria Relations. China-Nigeria Relation spans a wide spectrum of areas: politics, trade, investment, aid, technology, science, culture, education, health and military. The growing economic ties between China and Nigeria require detailed analysis to determine the prospects and challenges so as to ascertain the benefits on both sides. Qualitative analysis was the main anchor and its descriptive in nature, drawing largely from secondary sources from analytical standpoint. The prospects are: adequate infrastructure in Nigeria through China’s financial resources will improve investment climate in the country, ability to do quality work at a fast rate, simplification of their access to capital, strengthen infrastructure, revive the agricultural sector, china provide trade not aid, Nigerians could borrow from Chinese character of discipline, purposeful leadership and deliverability, China’s investment focus in agriculture, light industry, machinery, infrastructure, construction, information technology and tourism will be added impetus to Nigerian Economy. Nigeria may gain from technical assistance and scientific cooperation. The Challenges are: Domestic firms may lose as a result of lack of competitiveness, trade imbalance, stifles technological transfer, tax evasion, slave wages, poor working conditions, Economic inequality, uncoordinated leadership and policy. Strong pressure must be placed on Nigerian leaders to effectively balance Chinese engagement to maximize growth and opportunity.
Keywords: China, Economy, Foreign Direct Investment (FDI), Infrastructure, Nigeria, Relations, Trade