The Law and Economics of Enforcing European Consumer Law : A Comparative Analysis of Package Travel and Misleading Advertising book cover
1st Edition

The Law and Economics of Enforcing European Consumer Law
A Comparative Analysis of Package Travel and Misleading Advertising

ISBN 9781472417046
Published May 21, 2014 by Routledge
336 Pages

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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.



Jun. Prof. Dr. Franziska Weber is Junior Professor for Civil Law and Law and Economics at the University of Hamburg, Germany.


’Until recently, consumer policy has mainly focussed on enabling consumer choice by requiring traders to inform consumers properly. Whether this policy is actually effective has not obtained much attention. This topical book fills that gap by focussing on the enforcement of consumer protection laws from the perspective of law and economics.’ Marco B.M. Loos, University of Amsterdam, Netherlands 'Weber’s study - very convincingly - advocates a mixture of public and private law elements for the enforcement of consumer rights. The selected cases offer wonderful examples of the various objectives which legislatures must keep in mind, and her profound economic analysis offers well-balanced solutions which should be taken into account by lawmakers when considering new efforts for the protection of consumer rights.' Astrid Stadler, University of Konstanz, Germany