Legal Issues to Be Considered before Setting in Force Consumer-Centric Marketing Strategies within the European Union

2015 ◽  
pp. 1708-1728
Author(s):  
Eleni Tzoulia
Keyword(s):  
European Union ◽  
Personal Data ◽  
Competition Law ◽  
Internal Market ◽  
Marketing Strategies ◽  
Legal Issues ◽  
The European Union ◽  
Unfair Competition Law ◽  
Marketing Methods ◽  
The Relationship

This chapter examines Consumer-Centric Marketing in the internal market from a legal standpoint. A legislative trend towards the protection of consumers' rights and individuals' privacy is witnessed in the European Union. Consumer-Centric Marketing, however, employs techniques that put consumers at a number of risks related to both their privacy and their economic freedom. The purpose of this chapter is to indicate the limits of legality pertaining to Consumer-Centric Marketing, when applied within the European Union. The chapter examines two forms of Consumer-Centric Marketing, i.e., the Cause-Related and the Relationship Marketing. It explains European legislation on the protection of personal data and all current developments in Unfair Competition law in Europe, and it presents the tactics that should be avoided by companies when implementing the above marketing methods, so as to prevent a possible ban on their advertising.

Legal Issues to be Considered before Setting in Force Consumer-Centric Marketing Strategies within the European Union

2013 ◽  
pp. 36-56
Author(s):  
Eleni Tzoulia
Keyword(s):  
European Union ◽  
Personal Data ◽  
Competition Law ◽  
Internal Market ◽  
Marketing Strategies ◽  
Legal Issues ◽  
The European Union ◽  
Unfair Competition Law ◽  
Marketing Methods ◽  
The Relationship

This chapter examines Consumer-Centric Marketing in the internal market from a legal standpoint. A legislative trend towards the protection of consumers’ rights and individuals’ privacy is witnessed in the European Union. Consumer-Centric Marketing, however, employs techniques that put consumers at a number of risks related to both their privacy and their economic freedom. The purpose of this chapter is to indicate the limits of legality pertaining to Consumer-Centric Marketing, when applied within the European Union. The chapter examines two forms of Consumer-Centric Marketing, i.e., the Cause-Related and the Relationship Marketing. It explains European legislation on the protection of personal data and all current developments in Unfair Competition law in Europe, and it presents the tactics that should be avoided by companies when implementing the above marketing methods, so as to prevent a possible ban on their advertising.

Customer-Centric Marketing in the European Union from a Legal Perspective

2017 ◽  
pp. 456-476
Author(s):  
Eleni Tzoulia
Keyword(s):  
European Union ◽  
Personal Data ◽  
Competition Law ◽  
Legal Issues ◽  
The European Union ◽  
Cause Related Marketing ◽  
Unfair Competition Law ◽  
Legal Perspective ◽  
Marketing Methods ◽  
Methods Of Application

Consumer-Centric Marketing is one of the latest methods employed by traders to influence and shape consumer behaviour in order to secure and increase demand for their products. This chapter analyses two forms of Consumer-Centric Marketing, the so-called Cause-Related Marketing and Relationship Marketing. It examines their logic and methods of application, before asking which legal issues might arise from the use of such practices. Then, European legislation on the protection of personal data and the current developments in Unfair Competition law in Europe are discussed, as well as the tactics that should be avoided by companies when implementing the above marketing methods to prevent a possible ban on their advertising.

Customer-Centric Marketing in the European Union from a Legal Perspective

2015 ◽  
pp. 78-97 ◽  
Author(s):  
Eleni Tzoulia
Keyword(s):  
European Union ◽  
Personal Data ◽  
Competition Law ◽  
Legal Issues ◽  
The European Union ◽  
Cause Related Marketing ◽  
Unfair Competition Law ◽  
Legal Perspective ◽  
Marketing Methods ◽  
Methods Of Application

Consumer-Centric Marketing is one of the latest methods employed by traders to influence and shape consumer behaviour in order to secure and increase demand for their products. This chapter analyses two forms of Consumer-Centric Marketing, the so-called Cause-Related Marketing and Relationship Marketing. It examines their logic and methods of application, before asking which legal issues might arise from the use of such practices. Then, European legislation on the protection of personal data and the current developments in Unfair Competition law in Europe are discussed, as well as the tactics that should be avoided by companies when implementing the above marketing methods to prevent a possible ban on their advertising.

3. The relationship between European Union and United Kingdom competition law

2019 ◽  
pp. 57-75
Author(s):  
Sandra Marco Colino
Keyword(s):  
European Union ◽  
Competition Law ◽  
Eu Law ◽  
The European Union ◽  
National Competition ◽  
Current Interaction ◽  
Article 50 ◽  
The Uk ◽  
The Relationship ◽  
The Eu

This chapter focuses on the current interaction between European Union and UK law. EU law is currently a source of UK law. However, the relationship between the two regimes is expected to change in the future as a consequence of the UK’s decision to withdraw from the EU. The European Union (Withdrawal) Act 2018 stipulates that the European Communities Act 1972 will be ‘repealed on exit day’, which would be 29 March 2019 provided that the two-year period since Article 50 TEU was triggered is not extended. Once the European Communities Act 1972 has been repealed, EU law will cease to be a source of UK law. No major immediate changes to the national competition legislation are to be expected, but future reforms could distance the UK system from the EU rules.

8. EU competition law: Article 102 TFEU

2018 ◽  
Author(s):  
Matthew J. Homewood
Keyword(s):  
European Union ◽  
Competition Law ◽  
Internal Market ◽  
The European Union ◽  
Dominant Position ◽  
National Courts ◽  
Eu Competition Law ◽  
National Competition ◽  
Abusive Behaviour ◽  
Article 102 Tfeu

This chapter focuses on Article 102 of the Treaty on the Functioning of the European Union (TFEU). Article 102 prohibits, as incompatible with the internal market, any abuse by undertakings in a dominant position within the internal market in so far as it may affect trade between Member States. It should be noted at the outset that ‘dominance’ itself is not prohibited, but only when such dominance is accompanied with abusive behaviour that may affect trade. Like Article 101, Article 102 is enforced by the European Commission, national competition authorities, and national courts under powers conferred by Regulation 1/2003.

Object and intention under Article 101 TFEU: Lessons from Australia, New Zealand and analytical jurisprudence

2019 ◽  
Vol 48 (3) ◽  
pp. 114-141
Author(s):  
Kelvin Hiu Fai Kwok
Keyword(s):  
European Union ◽  
New Zealand ◽  
European Commission ◽  
Common Law ◽  
Competition Law ◽  
Legal Interpretation ◽  
The European Union ◽  
Analytical Basis ◽  
The World ◽  
The Relationship

What does it mean for an agreement to have an anticompetitive ‘object’ under Article 101(1) of the Treaty on the Functioning of the European Union? Can the European Commission support an ‘object’ case by reference to the agreement parties’ subjective intention, and if so, how? What exactly is the relationship between an agreement’s object and the parties’ subjective intention under competition law? This article is the first to bring insights from Australian and New Zealand cases, as well as analytical jurisprudence, to bear on these underexplored yet important questions affecting the European Union and common law jurisdictions around the world. Using Ronald Dworkin’s theory of legal interpretation as the analytical basis, this article argues for a ‘mixed’ conception of the ‘object’ concept which enables an anticompetitive object to be proven either objectively or subjectively. Anticompetitive subjective intention accordingly provides an independent, alternative basis for competition law liability for agreements; the lack of such intention, meanwhile, does not help exculpate parties who are liable based on their objective purpose to restrict competition. This article also argues that voluntariness and evidentiary limits ought to be imposed on the use of anticompetitive subjective intention in the ‘object’ analysis of agreements.

29. EU competition law

2017 ◽  
Author(s):  
Lorna Woods ◽  
Philippa Watson ◽  
Marios Costa
Keyword(s):  
European Union ◽  
Market Power ◽  
Competition Law ◽  
Internal Market ◽  
The European Union ◽  
The Core ◽  
Eu Competition Law ◽  
Core Elements

This chapter examines the core elements of competition law in the European Union (EU) and its impact on the internal market, focusing on anti-competitive agreements, abuse of market power and controls over concentrations. It discusses the provisions and enforcement of Articles 101 and 102 of the Treaty on the Functioning of the European Union (TFEU).

15. Competition law

2020 ◽  
pp. 415-449
Author(s):  
Sylvia de Mars
Keyword(s):  
European Union ◽  
Competition Law ◽  
Consumer Welfare ◽  
Internal Market ◽  
The European Union ◽  
Private Companies ◽  
General Terms ◽  
Eu Competition Law ◽  
Competitive Behaviour ◽  
The Uk

This chapter analyses the foundations of EU competition law. Competition law is an attempt to regulate the behaviour of private companies when active in the internal market so as to ensure that competition between different entities remains and is fair. The rules of competition law aim both to assist the completion of the internal market as well as addressing consumer welfare in more general terms. A further particularly interesting dimension is that unlike most internal market law, competition law applies regardless of the nationality of the companies or businesses active in the internal market. As such, UK companies active on the continent after Brexit will have to know these rules, regardless of whether they continue to apply in the UK. The chapter then details the two Treaty provisions that address anti-competitive behaviour: Articles 101 and 102 TFEU (Treaty on the Functioning of the European Union).

Competition law post-Brexit

2021 ◽  
Vol 20 (2) ◽  
pp. 51-54
Author(s):  
Jonathan Scott
Keyword(s):  
European Union ◽  
International Cooperation ◽  
Transition Period ◽  
Competition Law ◽  
Internal Market ◽  
Merger Control ◽  
Antitrust Enforcement ◽  
The European Union ◽  
Market Enforcement ◽  
Future Work

The end of the Transition Period following the UK's exit from the European Union and COVID-19 are major catalysts for the Competition and Markets Authority's future work, including in the fields of merger control and antitrust enforcement. This article considers how these, and other events, will influence the CMA's work, including the establishment of the Digital Markets Unit and the Office for the Internal Market, enforcement priorities and international cooperation.

27. EU competition law

2020 ◽  
pp. 641-684
Author(s):  
Marios Costa ◽  
Steve Peers
Keyword(s):  
European Union ◽  
Market Power ◽  
Competition Law ◽  
Internal Market ◽  
The European Union ◽  
The Core ◽  
Eu Competition Law ◽  
Core Elements ◽  
The Impact

This chapter examines the core elements of competition law in the European Union (EU). It provides a number of examples of the types of agreements covered by EU competition law and shows the dangers which may arise when independent undertakings come together to coordinate their activities to distort competition. The chapter reviews the impact of anti-competitive agreements on the internal market and focuses on the abuse of market power and controls over concentrations. Overall, the chapter discusses the provisions and enforcement of Articles 101 and 102 of the Treaty on the Functioning of the European Union (TFEU).

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