Consumer protection in the European Union

Cseres, Kati

doi:10.4337/9781782540465.00012

Cited by 6 publications

(10 citation statements)

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“…Stakeholders could contribute the necessary knowledge and expertise about commercial practices and draw up standard terms and conditions in their sector while applying lessons from their first hand practical experiences with the use of the Common European Sales Law. 58 The plan is to promote the creation of clauses that SMEs and other companies involved in cross-border trade can use at a low cost. database.…”

Section: The Development Of 'European Model Contract Terms'mentioning

confidence: 99%

“…57 Like in the market for lemons, bad standard terms are likely to drive out the good ones (adverse selection) which could on the long run lead to the a collapse of the standard term market. 58 To overcome this problem, a control mechanism is needed. First of all, mandatory information requirements on the part of the user of the standard terms can reduce the transaction costs to compare and negotiate better terms.…”

Section: Transaction Costsmentioning

confidence: 99%

“…contract contextualization is essential. 57 The law should not tackle the mere existence of an inequality of bargaining power between contracting companies; as it does for B2B contracts, 58 only the abuse of such inequality in a particular case should be addressed, since one may expect of a company that it is more capable of protecting its own interests. For example the law should not prohibit the insertion of a particular contract term in a B2B contract altogether under any circumstances; it should only be checked whether the process leading up to the insertion of the term was fair.…”

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confidence: 99%

“…57 It is important to note that the new concept, like the previous one, only pertains to practices at the precontractual stage. 58 The Commission added, however, that the proposal to amend the MCAD will be complemented by a forthcoming initiative addressing unfair trading practices between businesses in the retail chain (see, critically, epilogue of this chapter).…”

mentioning

confidence: 99%

“…57 Idem, 9-10. 58 It is added in footnote 21 that 'the Communication does not address certain contractual practices between companies mostly in the retail sector which can possibly be considered unfair due to an unbalanced relation resulting from a considerable bargaining-power of some market players. These issues will be addressed in the forthcoming initiative on unfair trading practices between businesses in the retail chain.'…”

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confidence: 99%

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The Position of Small and Medium-Sized Enterprises in European Contract Law

Loos¹,

Samoy²

2014

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Section: The Development Of 'European Model Contract Terms'mentioning

confidence: 99%

Section: Transaction Costsmentioning

confidence: 99%

mentioning

confidence: 99%

mentioning

confidence: 99%

mentioning

confidence: 99%

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The Position of Small and Medium-Sized Enterprises in European Contract Law

Loos¹,

Samoy²

2014

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The interplay between consumer protection and competition law in India

Nathani¹,

Akman²

2017

Journal of Antitrust Enforcement

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The protection of the interests of consumers is a central aspect of all modern competition laws as well as a direct aim of consumer protection laws. However, despite being complementary in many ways, competition and consumer protection laws cover different issues and employ different methods to achieve their goals. Whilst consumer protection rules are built upon the premise that consumers are the weaker party to transactions and should be directly protected for this reason in their dealings with traders through certain consumer rights, competition law only indirectly protects the consumers' economic well-being by ensuring that the markets are subject to effective competition. This article explores the interplay between consumer protection and competition law in the Indian context with some comparison with the EU position, where relevant. After an examination of the relevant legislation and case law, the article finds that given that the mandate of the Competition Commission of India is to prevent practices having an adverse effect on competition, in cases of overlap between consumer protection and competition laws, the Authority should act only on the basis of adverse effects on competition. The treatment of 'unfair trade practices' is used to demonstrate the appropriateness of this approach.I.

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Promoting Competition Policy Abroad: European Union Efforts in the Developing World

Doleys¹

2012

The Antitrust Bulletin

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This articles surveys EU efforts to promote competition rules and practices to countries of the developing world. Two modalities stand out. First, the EU uses bilateral and regional agreements as vehicles to promote the observance of rule frameworks that mirror closely core EU treaty competition provisions. The objective is to encourage closer alignment of foreign rules and practices with those of the EU. Second, EU authorities promote competition policy through enforcement cooperation agreements. Though not addressing directly the composition of rules, the agreements seek to more closely align enforcement expectations to reduce the risk of, and costs associated with, interjurisdictional conflict. In addition to highlighting policy promotion efforts, the article notes the varying degrees to which the EU has been able to shape foreign rules and practices. The article concludes by examining two factors that account for this variationthe scope of political-legal integration and the degree of market dependence.

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Consumer protection in the European Union

Cited by 6 publications

References 0 publications

The Position of Small and Medium-Sized Enterprises in European Contract Law

The Position of Small and Medium-Sized Enterprises in European Contract Law

The interplay between consumer protection and competition law in India

Promoting Competition Policy Abroad: European Union Efforts in the Developing World

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