Full Description
Since 2005 the law of unfair commercial practices has undergone a revolution. This book presents the first comprehensive and critical examination of Directives 2005/29/EC concerning unfair business-to-consumer commercial practices and 2006/114/EC concerning misleading and comparative advertising. The book offers the first detailed analysis of the various ways in which the two Directives have been transposed in the United Kingdom, Germany, the Netherlands, Belgium and France, with a particular focus on incorrect transposition. The analysis includes an overview of the enforcement possibilities before national courts and authorities, and as such will be a valuable source for all practitioners, policy makers and academics working in the field of unfair trade law.
Ultimately the aim of the book is to expound a sound interpretation of the relationship between unfair trade law and competition law in Europe, and it therefore engages in an original examination of these two cornerstones of European economic law. The author argues that unfair trade law and competition law should be understood as 'living apart together' - complementary but autonomous and sometimes even conflicting.
Contents
Introductory Chapter
Part 1: 'Fair Trading' and 'Consumer Protection' in EU Law before the Adoption of the UCP Directive
1. Negative Integration in the Field of 'Fair Trading' and 'Consumer Protection'
2. Positive Integration in the Field of 'Consumer Protection' and 'Fair Trading'
3. Pre-contractual Information Requirements
Part 2: Towards a Single Regulatory Framework on Unfair Commercial Practices?
4. European and National Unfair Trade law reform
5. Legal Basis and Harmonisation Technique
6. Scope of Application
7. Unfair Commercial Practices
8. Misleading B2C Actions and B2B Advertising and Unlawful Comparative Advertising
9. Misleading B2C Omissions
10. Aggressive B2C Commercial Practices
11. Blacklisted B2C Commercial Practices
12. Enforcement and Legal Redress
Part 3: The Relationship Between Unfair Trade Law and Competition Law Revisited
13. European and National Competition Law Reform
14. An Interpretation of the Relationship between Competition Law and Unfair Trade Law
Concluding Chapter
Annex I UCP Directive, MCA Directive and UCP Proposal 2011
Annex II Reformed National Unfair Trade Laws
Annex III Article 3 Regulation 1/2003 and Amending Proposal 2011
Annex IV National Competition Law Provisions Corresponding to Articles 101-102 TFEU
