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The Law and Economics of Enforcing European Consumer Law

The Law and Economics of Enforcing European Consumer Law PDF Author: Franziska Weber
Publisher: Routledge
ISBN: 1317026144
Category : Law
Languages : en
Pages : 336

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Book Description
In the internet age, the need for effective consumer law enforcement has arguably never been greater. This timely book is a comparative law and economic analysis of the changing landscape of EU consumer law enforcement policy. EU member states are moving away from purely public or private law enforcement and now appear to be moving towards a more mixed approach, not least due to European legislation. This book reflects on the need for and creation of efficient enforcement designs. It examines the various economic factors according to which the efficiency of different enforcement mechanisms can be assessed. Hypothetical case scenarios within package travel and misleading advertising, dealing with substantial individual harm and trifling and widespread harm are used to illustrate various consumer law problems. Design suggestions on how to optimally mix enforcement mechanisms for these case scenarios are developed. The findings are then used as a benchmark to assess real life situations in countries with different enforcement traditions - the Netherlands, Sweden and England. The book is of value to both researchers and policy-makers working in the area of consumer protection.

The Law and Economics of Enforcing European Consumer Law

The Law and Economics of Enforcing European Consumer Law PDF Author: Franziska Weber
Publisher: Routledge
ISBN: 1317026144
Category : Law
Languages : en
Pages : 336

View

Book Description
In the internet age, the need for effective consumer law enforcement has arguably never been greater. This timely book is a comparative law and economic analysis of the changing landscape of EU consumer law enforcement policy. EU member states are moving away from purely public or private law enforcement and now appear to be moving towards a more mixed approach, not least due to European legislation. This book reflects on the need for and creation of efficient enforcement designs. It examines the various economic factors according to which the efficiency of different enforcement mechanisms can be assessed. Hypothetical case scenarios within package travel and misleading advertising, dealing with substantial individual harm and trifling and widespread harm are used to illustrate various consumer law problems. Design suggestions on how to optimally mix enforcement mechanisms for these case scenarios are developed. The findings are then used as a benchmark to assess real life situations in countries with different enforcement traditions - the Netherlands, Sweden and England. The book is of value to both researchers and policy-makers working in the area of consumer protection.

The Law and Economics of Enforcing European Consumer Law

The Law and Economics of Enforcing European Consumer Law PDF Author: Franziska Weber (Law teacher)
Publisher:
ISBN: 9781315556277
Category : Consumer protection
Languages : en
Pages : 314

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Book Description


Consumer Law and Economics

Consumer Law and Economics PDF Author: Klaus Mathis
Publisher: Springer Nature
ISBN: 3030490289
Category : Law
Languages : en
Pages : 326

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Book Description
This edited volume covers the challenges currently faced by consumer law in Europe and the United States, ranging from fundamental theoretical questions, such as what goals consumer law should pursue, to practical questions raised by disclosure requirements, the General Data Protection Regulation and technology advancements. With governments around the world enacting powerful new regulations concerning consumers, consumer law has become an important topic in the economic analysis of law. Intended to protect consumers, these regulations typically seek to do so by giving them tools to make better decisions, or by limiting the consequences of their bad decisions. Legal scholars are divided, however, regarding the efficacy and effects of these regulations; some call for certain policies to be abolished, while others support a regulatory expansion.

Consumer Law Enforcement - A Law and Economics Appraisal of the German Case

Consumer Law Enforcement - A Law and Economics Appraisal of the German Case PDF Author: Franziska Weber
Publisher:
ISBN:
Category :
Languages : en
Pages : 18

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Book Description
Consumer law enforcement is high on the European legislator's agenda. The German consumer law enforcement landscape is not unaffected by these European developments. Traditionally, law enforcement in Germany has primarily been carried out by way of civil litigation relying on active consumer associations. The European legislator places some emphasis on public law enforcement. This contribution assesses the German consumer law enforcement landscape in the light of the European legislation and from a law and economics perspective. One crucial aspect concerns the question of whether some public law enforcement of consumer law is necessary to provide a credible enforcement response regarding rogue traders.

Consumer Theories of Harm

Consumer Theories of Harm PDF Author: Paolo Siciliani
Publisher: Bloomsbury Publishing
ISBN: 1509916865
Category : Law
Languages : en
Pages : 248

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Book Description
It has long been thought that fairness in European Consumer Law would be achieved by relying on information as a remedy and expecting the average consumer to keep businesses in check by voting with their feet. This monograph argues that the way consumer law operates today promises a lot but does not deliver enough. It struggles to avoid harm being caused to consumers and it struggles to repair the harm after the event. To achieve fairness, solutions need to be found elsewhere. Consumer Theories of Harm offers an alternative model to assess where and how consumer detriment may occur and solutions to prevent it. It shows that a more confident use of economic theory will allow practitioners to demonstrate how a poor standard of professional diligence lies at the heart of consumer harm. The book provides both theoretical and practical examples of how to combine existing law with economic theory to improve case outcomes. The book shows how public enforcers can move beyond the dominant transparency paradigm to an approach where firms have a positive duty to treat consumers fairly and shape their commercial offers in a way that prevents consumers from making mistakes. Over time, this 'fairness-by-design' approach will emerge as the only acceptable way to compete.

The Law and Economics of Enforcing European Consumer Law

The Law and Economics of Enforcing European Consumer Law PDF Author: Franziska Weber
Publisher: Routledge
ISBN: 1317026136
Category : Law
Languages : en
Pages : 336

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Book Description
In the internet age, the need for effective consumer law enforcement has arguably never been greater. This timely book is a comparative law and economic analysis of the changing landscape of EU consumer law enforcement policy. EU member states are moving away from purely public or private law enforcement and now appear to be moving towards a more mixed approach, not least due to European legislation. This book reflects on the need for and creation of efficient enforcement designs. It examines the various economic factors according to which the efficiency of different enforcement mechanisms can be assessed. Hypothetical case scenarios within package travel and misleading advertising, dealing with substantial individual harm and trifling and widespread harm are used to illustrate various consumer law problems. Design suggestions on how to optimally mix enforcement mechanisms for these case scenarios are developed. The findings are then used as a benchmark to assess real life situations in countries with different enforcement traditions - the Netherlands, Sweden and England. The book is of value to both researchers and policy-makers working in the area of consumer protection.

Towards an Optimal Mix of Public and Private Enforcement in Consumer Law

Towards an Optimal Mix of Public and Private Enforcement in Consumer Law PDF Author: Franziska Weber (Law teacher)
Publisher:
ISBN:
Category : Consumer protection
Languages : en
Pages : 519

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Book Description


Economics and the Enforcement of European Competition Law

Economics and the Enforcement of European Competition Law PDF Author: Christopher Decker
Publisher: Edward Elgar Publishing
ISBN: 1849801967
Category : Law
Languages : en
Pages : 320

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Book Description
The book is well written and readable by non economists. The approaches, questions, methodology, and basis for selection of cases/interviewees are clearly explained and justified. This book is a valuable contribution to the literature. Rhonda Smith, Competition and Consumer Law Journal Recent years have seen a trend toward an economics-based approach to the enforcement of European competition law. But what is meant by economics-based , and how does this approach sit with legal and enforcement practice? This book seeks to place in perspective the growing use of economics in European competition law enforcement by examining precisely how economics contributes to the enforcement activity of the European Commission and Courts. Christopher Decker provides unique empirical insights as to how economic theory, thinking, techniques and data have featured in decision-making in the area of co-ordinated effects. The role of economics is examined throughout the entire enforcement process, from the decision to initiate an investigation to the design and implementation of remedies, and its conclusions are of general relevance to all areas of competition law enforcement where economics is used. Utilising a broad and multifaceted conception of economics, this book is essential reading for academics and students interested in European competition law, EC competition lawyers, applied industrial economists and enforcement officials. It will also be an invaluable tool for academic libraries and institutes, government agencies, law firms and economic consultancies.

Competition Law and Consumer Protection

Competition Law and Consumer Protection PDF Author: Katalin Judit Cseres
Publisher: Kluwer Law International B.V.
ISBN: 9041123806
Category : Law
Languages : en
Pages : 450

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Book Description
The assumption that competition law and consumer protection are mutually reinforcing is rarely challenged. The theory seems uncontroversial. However, because a positive interaction between the two is presumed to be self-evident, the frequent conflicts that do in fact arise are often dealt with on an ad hoc basis, with no overarching legal authority. There is a clear need for a detailed and coherent understanding of exactly where the complements and tensions between the two policy areas exist. Dr Cseres in-depth analysis provides that understanding. Proceeding from the dual perspective of law and economics that is, of justice, fairness, and reasonableness on the one hand, and of efficiency of the other she fully considers such underlying issues as the following: the role of competition law and consumer law in a free market economy;the notion of consumer welfare;the effect of the modernisation of EC competition law for consumers;economics theories of information, bounded rationality, and transaction costs;the special significance of vertical agreements and merger control; and,how consumers are affected by information asymmetries. The ultimate focus of the book is on current and emerging EC law, in which a rapprochement between the two areas seems to be under way. Dr. Cseres provides a knowledgeable guide to the various strands of theory, policy, and jurisprudence that (she shows) ought to be taken into account in the process, including schools of thought and law and policy experience in both Europe and the United States. A special chapter on Hungary, where post-1989 law and practice reveal a fresh and distinctly forward-looking understanding of the matter, is one of the book's most extraordinary features. Competition Law and Consumer Protection stands alone as a committed contribution to bridging a gap in legal knowledge the significance of which grows daily. It will be of immeasurable value to a wide range of professionals from academics and researchers to officials, policymakers, and practitioners in competition law, consumer protection advocacy, economic theory and planning, business administration, and various pertinent government authorities.

State Liability for Breaches of European Law

State Liability for Breaches of European Law PDF Author: Bert Van Roosebeke
Publisher: Springer Science & Business Media
ISBN: 3835094947
Category : Law
Languages : en
Pages : 258

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Book Description
Bert Van Roosebeke analyses non-contractual state liability in the European Union. He explains differences in member states’ breaching behaviour and presents the state liability doctrine as developed by the European Court of Justice in a number of cases. He shows that compliance is the true economic aim of state liability legislation and presents a comparative analysis of the effectiveness of both private and public law enforcement mechanisms. He finally formulates improvements to the rules of state liability.