The Forthcoming EC Directive on Unfair Commercial Practices - 9041122249 - 9789041122247

The Forthcoming EC Directive on Unfair Commercial Practices by

Edited by: Hugh Collins
March 2004, ISBN 9041122249
ISBN 13: 9789041122247
316 pp. Hardcover

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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 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 author Hugh 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).

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 and 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

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Standard Contract Terms in Europe

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