CUTS Daily Bulletin # 04 | July 10, 2025
Session 1 - Proposals for the Implementation of the Declaration on Cross-Border Consumer Dispute Resolution and Redress
 
The first session of Day 4, held on 10 July 2025 at the Palais des Nations in Geneva, focused on proposals for implementing cross-border consumer dispute resolution mechanisms. The Indian delegation presented a detailed and robust proposal to support the implementation of the declaration..
  1. Critical Cross-Border Challenges: The panellist identified four main challenges: jurisdictional and legal inconsistencies that complicate determining applicable laws; limited enforceability of decisions across borders; low business participation, especially among digital-only firms; and insufficient consumer awareness due to knowledge gaps, language barriers, digital access limitations, and trust issues—particularly in developing countries.
  2. Strategic Implementation Goals: Declaration aims to serve as catalyst for creating transnational systems comprehensible to consumers, addressing the gap where current redressal systems remain stuck in national jurisdictions while companies commit transnational violations. With 28% of current transactions being transnational and 24% digital, compliance mechanisms are critical.
  3. Four-Pillar Recommendation Framework: Enforcement and Legal Integration (demand clarity on cross-border ADR functioning, explicit harmonization with existing consumer protection laws); Consumer and Business Engagement (targeted awareness strategies, business incentives beyond performance rankings); Data Security and Privacy (roadmap for cybersecurity threats, compliance with diverse privacy regulations); Scalability and Monitoring (elaboration on financial implications, governance structures, independent review mechanisms).
  4. India's Consumer Protection Enforcement Examples: The Indian representative showcased the success of its domestic model, noting that consumer authorities have imposed penalties totaling ₹11.91 million, with ₹10.88 million already recovered. Safety notices were issued for products violating ISI and BIS standards, including helmets, pressure cookers, and household goods. India also introduced key regulatory guidelines between 2022 and 2025 addressing misleading advertisements, hotel service charges, dark patterns, the coaching sector, greenwashing, and illegal radio equipment sales.
  5. Dark Pattern Prevention Initiatives: Types of dark patterns highlighted by the panellists include basket sneaking, confirm shaming, drip pricing, subscription traps, forced actions, false urgency, hidden costs, disguised ads, interface interference, SaaS billing, trick questions, and rogue malware.
  6. UNCTAD Recommendations and Path Forward: UNCTAD proposed a “white list” of best practices to encourage fair trade and suggested anchoring jurisdiction with the consumer, similar to international tourism models. A model platform with annual progress reports was recommended to ensure compliance with conference declarations, aiming to enhance consumer safety, experience, and cross-border regulatory alignment.
The panellists of this session were Ms. Nidhi Khare and Mr. Eddy Alcantra with statements made by the representatives of UK, Argentina, Consumers International, Poland, South Africa, University of Southampton, MGP India, Colombia, and Chile.
 
(Reporting by Mritunjai Kapila, CUTS International, Geneva)
Session 2 – Roundtable on Investigative Techniques and Digital Tools in a Modern Enforcement World
 
Held on 10 July 2025 at the Palais des Nations in Geneva, the second session featured presentations from competition authorities sharing their experiences with digital investigation tools and contemporary enforcement methods. The key takeaways were as follows.
  1. Proactive AI-Powered Detection: The panellist from Spain reported that 70% of recent cartel cases were uncovered through proactive methods using AI tools, which analyse patterns in company tender bids to detect potential collusion before any formal complaints are filed.
  2. Comprehensive Forensic Capabilities: It was also highlighted that Colombia's is forensic laboratory licensed tools (FTK and Pathfinder Enterprise) to extract and analysed data during administrative visits, along with specialized tools to track airline ticket prices, supermarket prices, and detect collusion patterns in public contracts for fair competition and consumer protection.
  3. Dual-Track Intelligence Systems: The panellists described Mexico's approach combining economic analysis and forensic analysis through an intelligence unit that monitors market data using geological and automated tools to analyse public and historical procurement data with data science techniques.
  4. Visual Mapping and Efficiency Tools: It was noted that France has recently enhanced its fair trade and consumer protection efforts through the use of advanced technologies, including software that visually maps links between businesses and individuals, automated tools for removing irrelevant files during investigations, and machine learning to analyse public procurement contract data.
  5. Anti-Trust Panopticon and Screening Tools: The panel also discussed Japan's two initiatives: an Anti-trust Panopticon for real-time regulatory oversight with ex-ante regulations, and a bid-rigging screening tool using statistical indicators (winning rate, relative distance, coefficient of variance) to detect suspicious patterns.
  6. International Cooperation Essential: The Panel discussion also mentioned about China's perspective on the necessity of international cooperation, presenting requirements for global, cross-border, and data-driven approaches with standardized protocols and technical sharing.
  7. Remote Investigation Evolution: Mexico developed tools during COVID-19 for remote data acquisition and video recording analysis, enabling comprehensive investigations while maintaining legal standards and chain of custody requirements.
  8. Legal-Technical Integration Critical: Multiple speakers emphasized that investigative tools must be developed and used in close collaboration with legal experts to ensure evidence admissibility and regulatory compliance.
The Panellists included Ms. Cani Fernandez, Ms. Cielo Rusinque, Ms. Andrea Marvan, Mr. Umberto Berkani, Mr. Takujiro Kono, Mr. Massimiliano Calaresu and Mr. Shangwen Hu.

(Reporting by Mritunjai Kapila, CUTS International, Geneva)
Session 3 - Roundtable on Protecting and Empowering Consumers in the Circular Economy
 
The third session, held on 10 July 2025 at the Palais des Nations in Geneva, featured a roundtable on consumer protection and empowerment in the circular economy. Among the panellists was Mr. Pradeep Mehta who Mr. Pradeep Mehta provided significant and invaluable insights into the circular economy, particularly from the perspective of the Global South, as he was the sole panellist representing that Region in the session.
  1. India's Mission LiFE as Global Model: Mr. Pradeep presented India's Mission LiFE (Lifestyle for Environment), launched by PM Modi at COP26, as a transformative approach shifting climate action from systems to citizens. He advocated for the mission as it promotes "Pro-Planet Person" identity - individuals adopting simple, planet-positive behaviours from saving energy to reducing waste.
  2. Evolution of Consumer Rights in Circular Economy: Mr. Pradeep emphasized that consumer rights must evolve from traditional focus on safety, price, and redress to include access to lifecycle information, sustainable alternatives, and participation in shaping greener systems. He proposed five globally relevant pillars: rights to information, sustainability, access, redress, and environmental participation.
  3. National Circular Economy Strategies: Chile’s 2019 roadmap aims for a circular economy by 2040, emphasizing environmental education. Sweden's strategies include repair incentives, consumer education, public-private partnerships, and digital tools.
  4. Circular Economy Implementation Challenges: Participants noted that 50% of climate emissions originate from linear consumption systems, underscoring the need for quality-focused industry standards, reverse logistics, and better utilization of existing value chains. Pradeep Mehta supported this by highlighting how unregulated CO₂ emissions from second-hand cars in African countries hinder progress toward a circular economy.
  5. Comprehensive Sustainability Approach: Mr. Pradeep stressed sustainability's comprehensive sense encompasses ecology, economy, and equity - not just environment. India's innovative example: converting old clothes into sanitary napkins for rural girls, directly impacting health while promoting circularity.
  6. Consumer Empowerment as Transformation Driver: The panel emphasized that consumers are powerful changemakers who can drive market shifts, spur innovation, and ensure institutional accountability in environmental matters.
The Panellists included Mr. Pradeep Mehta, Mr. Andres Herrera, Ms. Yvonne Stein, Ms. Jacqueline Alvarez, Mr. Par Larshans.

(Reporting by Mritunjai Kapila, CUTS International, Geneva)
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