Legal and doctrinal foundations of unfair competition in deceptive promotions: the fake Black Friday in Ecuador

Abstract

This document analyzes consumer regulation and protection in Ecuador in the context of Black Friday and digital commerce, highlighting the importance of strengthening laws to prevent deceptive practices and promote fair competition. It reviews existing regulations, such as the Consumer Protection Law, the Constitution, and the Organic Code of Production and Criminal Law, which seek to regulate responsible advertising, commercial acts, and unfair commercial practices. However, it is evident that the effective enforcement of these laws is limited, allowing deceptive practices, such as fake Black Friday, to persist in the market. This phenomenon consists of price manipulation by merchants to attract consumers, violating competition and consumer protection regulations. The document addresses the economic impact and historical evolution of Black Friday in Ecuador, highlighting how these practices affect competition and consumer confidence. It also presents a qualitative methodology that suggests the need for specific legal reforms to address the challenges of the digital market and mass promotional events. Various academic and legal sources, both national and international, have been highlighted, demonstrating the importance of implementing more effective regulatory mechanisms and stricter sanctions to combat misleading advertising and unfair practices. Emphasis is placed on the need to strengthen the regulatory framework and oversight mechanisms to protect consumers, ensure fair competition, and adequately regulate Black Friday promotions in Ecuador, thus promoting a more transparent and fair market.