Harmonisation by Example: European Laws against Unfair Commercial Practices

Hugh Collins

52 citations0/0 files storedModern Law Review

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European and International Contract Law Comparative International Legal Studies Diverse Legal and Medical Studies

Abstract

This examination of the implementation of the European Union's Directive on Unfair Commercial Practices in the United Kingdom by the Consumer Protection from Unfair Trading Regulations 2008 assesses the likely impact on the national law governing the marketing practices of rogue traders, including its ambition to simplify and extend legal protection, and the likely success of the Directive in achieving the harmonisation of the laws and practices regulating marketing in Europe. In particular, the discussion evaluates the regulatory strategy of the Directive in its attempt to secure uniform laws through the combination of principles, rules, and concrete examples of prohibited practices. The paper also investigates the likely impact of the Regulations on the private law of contract and tort and the possibilities for improvements in a consumer's personal right of redress.

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2012DIRECTORATE GENERAL FOR INTERNAL POLICIES POLICY DEPARTMENT A: ECONOMIC AND SCIENTIFIC POLICY 2010Fairness and Consumer Decision Making under the Unfair Commercial Practices Directive 2012GENERAL CLAUSES AND THE COMPETING ETHICS OF EUROPEAN CONSUMER LAW IN THE UK 2022Virtual coercion and the vulnerable consumer: ‘loot boxes’ as aggressive commercial practices 2020The impact of consumer protection in the digital age: Evidence from the European Union 2014“Safety Net” Consumer Protection: Using Prohibitions on Unfair and Unconscionable Conduct to Respond to Predatory Business Models 2020Adaptation of consumer law to the digital age: EU Directive 2019/2161 on modernisation and better enforcement of consumer law 2020The Role of Consumers in the Achievement of Corporate Sustainability through the Reduction of Unfair Commercial Practices

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