The Forthcoming EC Directive on Unfair Commercial PracticesHugh Collins Kluwer Law International B.V., 2004 M01 1 - 293 pages 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. About the authorHugh Collins is Professor of English Law at the London School of Economics. He studied law at Oxford and Harvard. He has published extensively in the field of contract law including The Law of Contract 4th ed (London, Butterworths, 2003), and Regulating Contracts (Oxford, Oxford University Press, 1999). |
Contents
Contents | 1 |
The Problem of Regulating Marketing Practices | 25 |
Conclusion | 40 |
a The first step the adoption of a directive on fair | 53 |
The Urgent Need for a New Approach Beyond | 58 |
Harmonisation and Country of Origin Principle | 61 |
2 | 64 |
Rules on Competition and Fair Trading | 91 |
EC Competition Rules on Vertical Restrictions and | 131 |
The resulting notion of a vertical cooperative | 145 |
including the Guidelines correctly take into account | 163 |
further handicap | 174 |
courts | 175 |
Concluding Remarks | 185 |
Consumer Protection Law as a Set of Instruments to | 198 |
How Related | 209 |
Conflict of Interests and the Fair Dealing Duty | 111 |
Coregulations Role in the Development of European | 119 |
Consumer Protection Fair Dealing in Marketing | 241 |
Political Stakes And Technical Aspects In Contract Law | 287 |
Common terms and phrases
analysis antitrust application approach Article 81 Block Exemption Regulation buyer buying power clause co-regulation commercial communication Commission Commission’s Community law concept concerning consumer contracts consumer law consumer protection law context Council country of origin Directive on Unfair draft Directive duty EC law EC regulation EC Treaty economic effects enforcement European Community European Contract Law European Parliament fair trading Follow-up Communication framework directive framework on fair Green Paper Grundmann Guidelines harmonisation internal market issues legal rules legislative framework liability mandatory manufacturer marketing practices Member minimum harmonisation national courts national laws national legal systems non-binding obligation origin principle Paper on Consumer paragraph particular parties private law problem proposed relationship relevant requirements restrictions retailers role Sales Promotion sector seems self-regulation soft law specific stakeholders strategy sumer supplier tion tive transactions unfair commercial practices vertical agreements vertical restraints