Competition Law And Consumer Protection

Author : Katalin Judit Cseres
Publisher : Kluwer Law International B.V.
Page : 466 pages
File Size : 52,7 Mb
Release : 2005-01-01
Category : Law
ISBN : 9789041123800

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Competition Law and Consumer Protection by Katalin Judit Cseres Pdf

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.

Author : Federico Ferretti
Publisher : Springer
Page : 127 pages
File Size : 50,8 Mb
Release : 2014-07-24
Category : Law
ISBN : 9783319089065

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EU Competition Law, the Consumer Interest and Data Protection by Federico Ferretti Pdf

The legitimacy or illegitimacy of information exchanges between competitors remains a topical debate with regard to EU competition law and policy. This book reexamines the issue in the retail financial services sector, focusing on the peculiar problems that it poses for EU market integration, consumer policy and protection and the intersection with fundamental rights. It analyzes and reflects on the relevant case law and guidelines offered by the corresponding European authorities, providing a critique of the current approach and advancing the proposition that information markets themselves need attention, in addition to the markets that they serve. The book also advances new perspectives on cases in which consumers’ personal information is involved in the exchange, recognizing the inevitable interaction between EU competition law, the interests and protection of consumers and personal data protection. It suggests that the status quo under competition law is unsatisfactorily short sighted and that the EU should take a holistic approach (including information markets) to the analysis of competition law, reflecting consumer protection and fundamental rights aspects in the assessment.

Author : Dennis Campbell
Publisher : Springer Science & Business Media
Page : 356 pages
File Size : 43,6 Mb
Release : 2013-11-11
Category : Law
ISBN : 9789401748674

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International Consumer Protection by Dennis Campbell Pdf

Author : Frauke Henning-Bodewig
Publisher : Kluwer Law International B.V.
Page : 274 pages
File Size : 52,9 Mb
Release : 2006-01-01
Category : Law
ISBN : 9789041123299

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Unfair Competition Law by Frauke Henning-Bodewig Pdf

The book delineates, with extraordinary clarity and precision, the working of unfair competition law throughout the European Union. Its four comprehensive chapters encompass: basic considerations of definition, subject matter, enforcement, and applicable law: international provisions under the Paris convention, TRIPS, and WIPO model law; analysis of relevant EC directives and regulations and ECJ jurisprudence; and extensive discussions of the national unfair competition laws of all 25 Member States. For each Member State, specific topics covered include such considerations as the following: sources of law; competition law in a nutshell; regulation of advertising; direct marketing; sales promotion; risk of confusion; disparagement, defamation; misappropriation, imitation; impediment of competitors; and breach of the law. The author also provides a selected bibliography of sources for each country. It would be difficult to find a more useful analysis of European Unfair Competition Law than this systematic study. It is practical, thorough, clarifying, and readable, all at the same time. The author untangles the most complex of apparent contradictions with impressive skill. Copies of this book will quickly take their places on the working shelves of interested practitioners, academics, and officials throughout Europe.

Author : Eugène Buttigieg
Publisher : Kluwer Law International B.V.
Page : 446 pages
File Size : 53,6 Mb
Release : 2009-01-01
Category : Law
ISBN : 9789041131195

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Competition Law by Eugène Buttigieg Pdf

Although it is commonly assumed that consumers benefit from the application of competition law, this is not necessarily always the case. Economic efficiency is paramount; thus, competition law in Europe and antitrust law in the United States are designed primarily to protect business competitors (and in Europe to promote market integration), and it is only incidentally that such law may also serve to protect consumers. That is the essential starting point of this penetrating critique. The author explores the extent to which US antitrust law and EC competition law adequately safeguard consumer interests. Specifically, he shows how the two jurisdictions have gone about evaluating collusive practices, abusive conduct by dominant firms and merger activity, and how the policies thus formed have impacted upon the promotion of consumer interests. He argues that unless consumer interests are directly and specifically addressed in the assessment process, maximization of consumer welfare is not sufficiently achieved. Using rigorous analysis he develops legal arguments that can accomplish such goals as the following: replace the economic theory of 'consumer welfare' with a principle of consumer well-being; build consumer benefits into specific areas of competition policy; assess competition cases so that income distribution effects are more beneficial to consumers; and control mergers in such a way that efficiencies are passed directly to consumers. The author argues that, in the last analysis, the promotion of consumer well-being should be the sole or at least the primary goal of any antitrust regime. Lawyers and scholars interested in the application and development and reform of competition law and policy will welcome this book. They will find not only a fresh approach to interpretation and practice in their field - comparing and contrasting two major systems of competition law - but also an extremely lucid analysis of the various economic arguments used to highlight the consumer welfare enhancing or welfare reducing effects of business practices.

Author : Mor Bakhoum,Beatriz Conde Gallego,Mark-Oliver Mackenrodt,Gintarė Surblytė-Namavičienė
Publisher : Springer
Page : 577 pages
File Size : 45,9 Mb
Release : 2018-11-02
Category : Law
ISBN : 9783662576465

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Personal Data in Competition, Consumer Protection and Intellectual Property Law by Mor Bakhoum,Beatriz Conde Gallego,Mark-Oliver Mackenrodt,Gintarė Surblytė-Namavičienė Pdf

This book analyses the legal approach to personal data taken by different fields of law. An increasing number of business models in the digital economy rely on personal data as a key input. In exchange for sharing their data, online users benefit from personalized and innovative services. But companies’ collection and use of personal data raise questions about privacy and fundamental rights. Moreover, given the substantial commercial and strategic value of personal data, their accumulation, control and use may raise competition concerns and negatively affect consumers. To establish a legal framework that ensures an adequate level of protection of personal data while at the same time providing an open and level playing field for businesses to develop innovative data-based services is a challenging task.With this objective in mind and against the background of the uniform rules set by the EU General Data Protection Regulation, the contributions to this book examine the significance and legal treatment of personal data in competition law, consumer protection law, general civil law and intellectual property law. Instead of providing an isolated analysis of the different areas of law, the book focuses on both synergies and tensions between the different legal fields, exploring potential ways to develop an integrated legal approach to personal data.

Author : Patrick Hubert,Marie Leppard,Olivier Lécroart
Publisher : Primento
Page : 300 pages
File Size : 50,9 Mb
Release : 2014-06-05
Category : Law
ISBN : 9782802746324

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Day-to-Day Competition Law by Patrick Hubert,Marie Leppard,Olivier Lécroart Pdf

Companies today must consider and comply with competition law in their daily business management. The financial and reputational risks for breaching such rules are severe and the success of many merger and acquisition projects depends very much on it. While competition law rules become increasingly sophisticated, business people are still expected to comply with it. Rather than giving a theoretical approach that can be found in a typical practitioner’s book or textbook, «Day-to-Day competition law: a practical guide for businesses» is genuinely a practical book. The interaction between theory and practice is the main feature of the book. Major competition law issues are explained in a jargon-free manner and summarized in a nutshell at the end of each chapter. Not only will the reader gain an understanding of competition law rules, but also will gain a better understanding on how a company can behave and what to do if it is subject to an investigation by the competition authorities. This practical guidance may serve as a platform for designing internal in-house rules governing behaviour in relation to competition law, and may also trigger a revision of such rules in light of some of the issues raised by the authors. While a particular focus is drawn on the EU – as the EU competition law system is replicated in a large number of countries around the world – reference to differing rules and other key jurisdictions such as the United States is also made. This book is written to appeal to business people, as well as non-specialized in-house lawyers, and all those who wish to understand competition law in a clear and practical way. The authors’ experience in the field of competition law ranges from leading investigations on behalf of competition authorities to applying competition law in a major global company in its daily activities, and advising multinational clients of one of the world’s leading law firms. It is this professional insight which provides the reader with an invaluable inside view of all aspects of competition law, from the way authorities think to the impacts competition law has on businesses.

Author : S. M. Dugar
Publisher : Unknown
Page : 128 pages
File Size : 41,6 Mb
Release : 2024-06-03
Category : Electronic
ISBN : 8180382567

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Commentary on the MRTP Law, Competition Law & Consumer Protection Law by S. M. Dugar Pdf

Author : Rogier W. De Vrey
Publisher : BRILL
Page : 399 pages
File Size : 55,9 Mb
Release : 2006
Category : Law
ISBN : 9789004150409

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Towards a European Unfair Competition Law by Rogier W. De Vrey Pdf

The main aim of this book is to discuss the state of unfair competition law in the European Union. In this respect, the various efforts that have been made in the past to come to harmonization of this area of law and the reasons that they were only partially successful are reviewed. In addition, the International and European regulations that refer to unfair competition, like, e.g., the Paris Convention, the TRIPs and the recent 2004 Unfair Commercial Practices Directive are discussed. Also an overview is given of the unfair competition laws in the United Kingdom, Germany and the Netherlands with respect to the 'problem-areas' of slavish imitation, misleading advertising, denigrating one's competitor, trade secrets and finally, misappropriation of valuable trade assets. Unfair competition law is traditionally considered part of intellectual property law. Not only the relation of unfair competition law to intellectual property laws are therefore part of the discussion but also the areas of consumer protection law (since unfair competition law is partly orientated towards consumer protection) and competition (as an economic concept) is the topic of thorough review.

Author : RAY. STEINWALL
Publisher : Unknown
Page : 128 pages
File Size : 51,7 Mb
Release : 2021
Category : Electronic
ISBN : 0409356166

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ANNOTATED COMPETITION AND CONSUMER LITIGATION. by RAY. STEINWALL Pdf

Author : Dorota Leczykiewicz,Stephen Weatherill
Publisher : Bloomsbury Publishing
Page : 488 pages
File Size : 55,8 Mb
Release : 2016-01-28
Category : Law
ISBN : 9781509900367

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The Images of the Consumer in EU Law by Dorota Leczykiewicz,Stephen Weatherill Pdf

This book consists of contributions exploring from different perspectives the 'images' of the consumer in EU law. The images of the consumer form the foundation for various EU policies, more or less directly oriented towards the goal of consumer protection. The purpose of the volume is to establish what visions of the consumer there are in different contexts of EU law, whether they are consistent, and whether EU law's engagement with consumer-related considerations is sincere or merely instrumental to the achievement of other goals. The chapters discuss how consumers should be protected in EU contract, competition, free movement and trade mark law. They reflect on the limits of the consumer empowerment rationale as the basis for EU consumer policy. The chapters look also at the variety of concerns consumers might have, including the cost of goods and services, access to credit, ethical questions of consumption, the challenges of excessive choice and the possibility to influence the content of regulatory measures, and explore the significance of these issues for the EU's legislative and judicial process.

Author : Pradeep S. Mehta
Publisher : Routledge
Page : 242 pages
File Size : 46,9 Mb
Release : 2012
Category : Business & Economics
ISBN : 9780415672139

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Evolution of Competition Laws and Their Enforcement by Pradeep S. Mehta Pdf

This edited volume identifies the various country specific factors that warrant changes in the design and implementation of competition laws. It uses case studies to trace the evolution of competition regimes in countries of varying degrees of economic development, and identifies the factors that influence the pace and effectiveness of competition reforms.

Author : Frauke Henning-Bodewig
Publisher : Hart Publishing Limited
Page : 653 pages
File Size : 45,8 Mb
Release : 2013-01
Category : Competition, International
ISBN : 3406633102

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International Handbook on Unfair Competition by Frauke Henning-Bodewig Pdf

Written by a worldwide team of experts, this book surveys and comments on the unfair competition laws of the world's leading economic powers. Following a standard pattern, each chapter introduces the reader to the latest developments in each jurisdiction, highlighting the ways in which the basic legislation and case law relates to enforcement issues, and how unfair competition laws fit with wider considerations of consumer protection and within prevailing intellectual property and competition law frameworks. Each of the country reports follows the same standard structure, which includes: background and general approach to unfair competition law * legal basis of unfair competition law and relations to neighboring areas of law * general considerations * general clause against unfair competition * marketing * protection of competitors against unfair trade practices * specific protection of consumers against unfair trade practices * enforcement. The country reports cover the following countries: Australia, Austria, Brazil, Canada, China, France, Germany, Hungary, India, Italy, Japan, Lithuania, Netherlands, Poland, Spain, South Africa, Sweden, Switzerland, Turkey, the UK, and the US.

Author : Gustavo Ghidini
Publisher : Edward Elgar Publishing
Page : 301 pages
File Size : 40,6 Mb
Release : 2010-01-01
Category : Law
ISBN : 9781849805254

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Innovation, Competition and Consumer Welfare in Intellectual Property Law by Gustavo Ghidini Pdf

Professor Ghidini has long since made himself a worldwide reputation as a leading scholar. He is a profound critic of intellectual property protection that follows rigid property logic, and favours the functionalist competition/innovation logic. Innovation, Competition and Consumer Welfare in Intellectual Property Law is truly enriching reading. Hanns Ullrich, College of Europe, Bruges, Belgium We in the United States have much to learn not only from Gustavo Ghidini s careful analysis of modern trends in the European IP regime but also from his thoughtful development of the thesis that free competition should be understood as the overarching principle guiding both IP protection and what we call antitrust law. Rudolph J.R. Peritz, New York Law School, US and author of Competition Policy in America This authoritative book provides a comprehensive critical overview of the basic IP paradigms, such as patents, trademarks and copyrights. Their intersection with competition law and their impacts on the exercise of social welfare are analysed from an evolutionary perspective. The analyses and proposals presented encompass the features and rationales of a legal field in constant evolution, and relate them to increasingly rapid technological, economic, social and geo-political developments. Gustavo Ghidini highlights the emerging trends that challenge the traditional all-exclusionary vision of IP law and its application. The author expertly combines holistic, evolutionary and constitutionally oriented approaches, with the search for a rebalancing of the IP rights holders positions with citizens and users rights. This book will appeal to academics, scholars and lawyers specializing in the realm of intellectual property, competition and comparative law.

Author : Paolo Siciliani,Christine Riefa,Harriet Gamper
Publisher : Bloomsbury Publishing
Page : 232 pages
File Size : 53,7 Mb
Release : 2019-09-19
Category : Law
ISBN : 9781509916870

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Consumer Theories of Harm by Paolo Siciliani,Christine Riefa,Harriet Gamper Pdf

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.