Competencia desleal en el comercio informal frente a cadenas minoristas.

Abstract

In the Ecuadorian economic market, the interaction between informal businesses and retail chains has created a competitive challenge. These sectors are considered actors operating outside of legal, tax, health, and consumer protection regulations. While informal businesses operate outside of these regulations, formal retail businesses operate within the legal framework, guaranteeing consumers certain essential rights, such as safe, high-quality products, and products with clear product information. Despite all these rights granted by legalized retail businesses, consumers choose to purchase products from informal businesses due to their low prices, ease of access, and lack of awareness of their rights. However, this type of purchase from informal retailers entails certain associated drawbacks, such as the impact on consumer rights and free market competition. The solution proposed in this paper seeks to strike a balance between the socioeconomic reality of informal retail commerce versus retail chains and the protection of consumer rights. The proposal is to reform the "Organic Law on Consumer Protection," the purpose of which is to address various legal gaps that currently exist, without considering whether commercial transactions are with a formal or informal merchant, and seeking to avoid impacting the popular economy.