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The Forthcoming EC Directive on Unfair Commercial Practices
Contract, Consumer and Competition Law Implications
Ed. by Hugh Collins
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To encourage cross-border transactions in the Single Market of the European Community, the Commission has proposed general framework legislation to set general standards that forbid unfair marketing practices towards consumers, thereby increasing consumer confidence when deciding whether or not to shop abroad in the Community, either in person or through modern methods of electronic purchasing through the internet. The essays in this volume critically examine the proposed directive that prohibits unfair commercial practices, and in particular they consider the potential legal and economic impl...
To encourage cross-border transactions in the Single Market of the European Community, the Commission has proposed general framework legislation to set general standards that forbid unfair marketing practices towards consumers, thereby increasing consumer confidence when deciding whether or not to shop abroad in the Community, either in person or through modern methods of electronic purchasing through the internet. The essays in this volume critically examine the proposed directive that prohibits unfair commercial practices, and in particular they consider the potential legal and economic implications of a legal duty to trade fairly in the context of general contract law, the protection of consumers and the needs of competition policy. The distinguished authors of these essays, from Finland, Germany, Italy, the Netherlands, Spain and the United Kingdom, explain the different approaches of national legal systems to the legal regulation of marketing practices and assess the compatibility of the proposed directive with national law and its likely success in achieving the promotion of trade in the Single Market.
Table of contents:
1. EC Regulation of Unfair Commercial practices. Hugh Collins. 2. A General Framework Directive on Fair trading. Hans-W. Micklitz. 3. Rules on Competition and Fair Trading. Guido Alpa. 4. Conflict of Interests and the Fair Dealing Duty. Giorgio de Nova. 5. Co-regulation’s Role in the Development of European Fair Trading Laws. Geraint Howells. 6. EC Competition Rules on Vertical Restrictions and the Realities of a Changing Retail Sector of National Contract Laws. Jules Stuyck & Tom van Dyck. 7. EC Consumer Protection Law and EC Competition Law: How Related are They? A Law and Economics Perspective. Fernando Gómez. 8. EC Consumer and EC Competition Law: How Related are They? Examining the Existing EC Contract Law Sources. Stefan Grundmann. 9. Contract Law Enforcement of Provisions on Marketing: The Solution of the Consumer Sales Directive. Thomas Wilhelmsson. 10. Consumer Protection, Fair Dealing in Marketing Contracts and European Contract Law. A Uniform Law? Luisa Antoniolli.
Table of contents:
1. EC Regulation of Unfair Commercial practices. Hugh Collins. 2. A General Framework Directive on Fair trading. Hans-W. Micklitz. 3. Rules on Competition and Fair Trading. Guido Alpa. 4. Conflict of Interests and the Fair Dealing Duty. Giorgio de Nova. 5. Co-regulation’s Role in the Development of European Fair Trading Laws. Geraint Howells. 6. EC Competition Rules on Vertical Restrictions and the Realities of a Changing Retail Sector of National Contract Laws. Jules Stuyck & Tom van Dyck. 7. EC Consumer Protection Law and EC Competition Law: How Related are They? A Law and Economics Perspective. Fernando Gómez. 8. EC Consumer and EC Competition Law: How Related are They? Examining the Existing EC Contract Law Sources. Stefan Grundmann. 9. Contract Law Enforcement of Provisions on Marketing: The Solution of the Consumer Sales Directive. Thomas Wilhelmsson. 10. Consumer Protection, Fair Dealing in Marketing Contracts and European Contract Law. A Uniform Law? Luisa Antoniolli.