La falta de normativa adecuada para sancionar la práctica comercial engañosa.

Abstract

In Ecuador misleading advertising has become a common and daily practice, this type of advertising is prohibited by the Constitution of theRepublic of Ecuador, by the Organic Law of Consumer Defense, and also by the Organic Law of Control of Power of the Market, but in many cases the affectation of this type of misleading advertising has lost its value, thus being the main ones harming two competing companies, what this act of unfair competition seeks is to generally dishonor the commercial activity of itscompetitor and thus deteriorate your commercial activity. It is important to highlight that in the Ecuadorian legal system there is a gap in the LOCPM thatspecifically regulates unfair competition, from the perspective of harmful advertising, therefore it is imperative that in our investigation we bear in mind the requirements that demonstrate unfair behavior, the dishonest actions that approached with certainty the economic activity in the market, in the constitution of the year 2008 the user or consumer is considered a sector of priority attention, that is why this investigative work will carry out a legal analysis on misleading advertising as an unfair competition practice and the consequences that this act produces towards the rights of companies.