scholarly journals Strategic Obfuscation and Consumer Protection Policy

2014 ◽  
Vol 62 (4) ◽  
pp. 632-660 ◽  
Author(s):  
Yiquan Gu ◽  
Tobias Wenzel
Keyword(s):  
Consumer Protection ◽  
Protection Policy

scholarly journals Sudska zaštita prava potrošača 

2018 ◽  
Vol 39 (1) ◽  
pp. 535-570
Author(s):  
Paula Poretti
Keyword(s):  
Consumer Protection ◽  
Fundamental Rights ◽  
Member States ◽  
Protection Policy ◽  
Eu Member States ◽  
Consumer Law ◽  
National Courts ◽  
Consumer Rights ◽  
European Court ◽  
Judicial Protection

<span>At EU level, discussions on the future direction of development of consumer protection policy revolve around the open question of efficiency of mechanisms for protection and realisation of consumer rights in national legal systems of EU Member States. Measures and activities of the EU legislator resulted in ‘competing’ mechanisms, which objectively creates a need for examination of the extent to which their functions overlap as well as if it is possible to detect the (most) appropriate way for protection of consumer rights. The analysis in the paper starts from the presumption that the consumer protection policy was developed within the measures aimed at integration of the Single Market and harmonization of consumer laws, on the one side and the recognized need of consumer protection as a social and political goal, on the other side. In this sense, the main point discussed in the paper is whether the recent development in the field of consumer protection, including the recent judgments of the European court could be interpreted as a reflection of the notion that the efficient judicial protection of (individual) consumer rights is (yet) again a priority at EU level. In the first part of the paper the development and application of mechanisms which represent a certain kind of alternative to the judicial consumer protection will be presented. In the second part of the paper, we will consider if the all the more present focus on judicial protection of consumer rights at EU level is an indication of a ‘successful experiment which resulted in unexpected outcome’. The required argumentation will be provided through monitoring of the trend of ‘proceduralization’ or ‘europeanisation’ of the national consumer law in the jurisprudence of the European court. The effect of Article 47 EU Charter of Fundamental Rights and its requirement of efficient protection of procedural rights of individuals before national courts of EU Member States will be analysed in detail. At the same time, the recent activities of the European Commission directed at court proceedings before national courts and removal of barriers in their work in the field of consumer protection will be taken into account.</span>

The need to reformulate consumer protection policy

1984 ◽  
Vol 7 (2) ◽  
pp. 307-321 ◽  
Author(s):  
Thierry Bourgoignie
Keyword(s):  
Consumer Protection ◽  
Protection Policy

Competition Policy and Consumer Welfare in a Liberalised Economy

2016 ◽  
Vol 10 (2) ◽  
Author(s):  
Dr. Faizanur Rahman ◽  
Dr. Musheer Ahmed
Keyword(s):  
Consumer Protection ◽  
Competition Policy ◽  
Consumer Welfare ◽  
Paper Analysis ◽  
Business Community ◽  
Consumer Policy ◽  
Business Practices ◽  
Protection Policy ◽  
Policy Objectives ◽  
The Common

The discourse on competition policy often uses the term 'consumer welfare' but rarely is clear about its meaning or role. Promotion of consumer welfare is the common goal of consumer protection and competition policy. As India's economies move progressively towards increased liberalisation, certain undesirable business practices can emerge which act as a hindrance to development and economic growth. The absence of a competition and consumer protection policy in India has created opportunities for some sectors of the business community to engage in unfair business practices viz., price fixing, speculative hoarding and collusive tendering. Competition policy and consumer policy reinforce one another. In markets that are effectively competitive, producers have internal incentives to further consumer policy objectives, for example, to develop a relationship for quality or to attract customers away from rivals by providing the necessary information to minimise switching costs. At the same time, when consumers are able to exercise their choices effectively, they can act as a competitive discipline upon producers. Thus, there is a strong case to be made for the co-ordination of these two policy areas. In the light of India's commitment to a liberalised economy, there is a need for a fair and equitable environment where producer and consumer can maximise their profit and satisfaction respectively. There is therefore a need for India's Competition and Consumer Protection policy if market oriented policies are to be given the best possible chance of success. In the backdrop of this, it is therefore imperative for India to develop this Policy ensuring the supporting legislation, infrastructure and regulations. In this context, the present paper analysis the standard of consumer welfare required to be taken into consideration while dealing with competition issues, and to what extent is protection accorded to consumers under other legislations.

scholarly journals BUILDING A GLOBAL REDRESS SYSTEM FOR LOW-VALUE CROSS-BORDER DISPUTES

2013 ◽  
Vol 62 (2) ◽  
pp. 407-440 ◽  
Author(s):  
Pablo Cortés ◽  
Fernando Esteban de la Rosa
Keyword(s):  
Dispute Resolution ◽  
Consumer Protection ◽  
Protection Policy ◽  
Online Dispute Resolution ◽  
Cross Border ◽  
European Approach ◽  
Domestic Courts

AbstractThis article examines UNCITRAL's draft Rules for Online Dispute Resolution (ODR) and argues that in low-value e-commerce cross-border transactions, the most effective consumer protection policy cannot be based on national laws and domestic courts, but on effective and monitored ODR processes with swift out-of-court enforceable decisions. The draft Rules propose a tiered procedure that culminates in arbitration. Yet, this procedure neither ensures out-of-court enforcement, nor does it guarantee compliance with EU consumer mandatory law. Accordingly, this article argues that the draft Rules may be inconsistent with the European approach to consumer protection.

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