Behavioral and Comparative Analysis of the Information Paradigm in Consumer Law

This article examines the issue of information asymmetry in consumer law and deliberates on the necessity of regulation of the status of a consumer and their protection mechanisms. It is evident that the relevant Georgian law, by and large, does not guarantee the sufficient safeguarding level and thus the approximation to the respective EU legislation cannot be deemed successful in toto. Furthermore, this article analyzes the Draft Law of Georgia on the Protection of Consumer Rights and displays the possible challenges. In addition, the special emphasis is on consumer credit contracts. In the wake of the growing importance of behavioral analysis and its impact on the law and economics, the standard of an in- formed and rational consumer, which constitutes a cornerstone of the EU consumer law, is now highly debated. By reviewing some findings in behavioral law and economics, along with the international legislation and case law, it is argued that some im- plications of behavioralism should be taken into account in the field of consumer law.

Enhancing Sustainable Consumption in China: A Seafood Example

In recent years, market surveys on sustainable seafood consumption have analysed Chinese people’s willingness to purchase ecolabelled seafood produced and imported into China. Endogenous and exogenous determinants are thereby unveiled to explore Chinese consumers’ sustainability consciousness, purchasing decisions, and the means of bridging the divide. This article builds upon and adds to these empirical findings with a market-based and information lens. It draws inspiration from analysing the growing interest of younger and middle-class consumers in acquiring seafood information; integrative sourcing and marketing strategies of intermediary businesses to deliver such information; and awakening of public regulators to the imperative of realizing the right to information of less-informed parties. Instead of segregating these stakeholders along a linear supply chain, the study emphasizes the deepening of a consumer-centric information network underpinned by supply chain transparency and traceability. It thus aims to inform a steady shift from a production-oriented to a consumer-oriented seafood management paradigm through systematic reforms of China’s consumer law. To encourage and empower sustainable consumption, the ‘consumer’ notion needs proper broadening and consumers’ right to know should be recognized as a judicial and self-contained legal entitlement with enforcement safeguards.

The inadequate approach of Directive (EU) 2019/771 towards the circular economy

The current social context (overconsumption, planned obsolescence, etc.) will be presented in this paper to illustrate the need for the European Consumer Law to be more aligned with sustainability objectives. To this end, the relatively recent Directive (EU) 2019/771 on certain aspects concerning contracts for the sale of goods will be analysed to conclude that it does not reflect any of the guidelines contained in the two Action Plans for the circular economy (2015 and 2020). Despite the fact that this Directive (EU) 2019/771 aims at full harmonization, a certain margin of manoeuvre is (fortunately) granted in favour of the Member States. Finally, a reference to the possibility of the market moving towards circularity (as there is now a greater demand for sustainable products) will also be made.

ZAŠTITA POTROŠAČA NA TRŽIŠTU DIGITALNE IMOVINE

Increased importance and availability of different forms of digital assets have resulted in increased consumers’ interest to conduct transactions with this specific type of assets. Increased consumers’ presence on the markets for digital assets has become one of the major challenges that modern consumer law encounters. The main risk faced by consumers who trade with different forms of digital assets arises from their instability and volatility. For that reason, the possibility of a loss of invested means is significantly higher compared to other similar marketplaces. The main subject of this paper is a review of basic mechanisms of consumers’ protection on the markets for digital assets. The review has been based on a comparative analysis of the Serbian Law on Digital Assets and of the EU Proposal for a Regulation on Markets in Crypto-assets. Before the analysis of concrete legal provisions on consumer protection has been made, the author indicates to certain traits of digital assets and problems and risks that consumers face in this innovative and dynamic marketplace.

The Strengthening Liaison between Data Protection, Antitrust and Consumer Law in the German and Italian Big Data-Driven Economies

Nowadays, personal data represent a strategic asset for companies as they can significantly influence their market position. Indeed, the issues arising from the management of large amounts of data (so-called big data) are not only relevant for data protection authorities, since this practice has also induced the intervention of competition and consumer protection authorities. The digital economy has enhanced new forms of abuses of dominant position and unfair practices, which can be performed via the handling of big data. This paper starts by analysing the German antitrust authority vs Facebook decision in which the big-tech platform was sanctioned for having performed an exploitative abuse of dominant position through its data management strategy. Then, it focuses on the Italian antitrust authority vs WhatsApp decision, where WhatsApp was deemed responsible for unfair and aggressive practices aimed at extracting users’ consent for data-sharing purposes. These two remarkable cases will be compared and further discussed, outlining the need to rethink the strengthening interplay between data protection, competition and consumer law, as it will entail a closer contact of the respective authorities to ensure the sustainability of digital markets.

Unsubstantiated representations: An unsubstantiated reform?

<p>This essay analyses the recent amendment to the Fair Trading Act 1986 that created a prohibition of “unsubstantiated representations” in trade. The reform process presented an opportunity to bring the FTA in line with recent amendments to the Australian law that had addressed the same issues. However, New Zealand opted to go further. This essay traces the prohibition through the wider consumer law reform process to investigate how the final provision was arrived at. By critically analysing the process that led to the amendments, the essay suggests that the decision to create a prohibition was based on flawed reasoning. In particular, it is argued that New Zealand should have followed the Australian approach, and that creating a prohibition has instead produced unnecessary liability in the absence of sufficient justification.</p>