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The New European Law of Unfair Commercial Practices and Competition Law

By: Bert Keirsbilck
Media of The New European Law of Unfair Commercial Practices and Competition Law
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Published: 24-06-2011
Format: Hardback
Edition: 1st
Extent: 766
ISBN: 9781849461849
Imprint: Hart Publishing
RRP : £100.00
 

: 14 -21 days

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Loren Epson

About The New European Law of Unfair Commercial Practices and Competition Law

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.

Table Of 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

Reviews

“[This book] fills a void in the literature as it is a rare combination of meticulously thorough analysis of the EU Directives and their implementation in the UK, Germany, the Netherlands, Belgium, France and a critical academic study of the interaction between the EU unfair commercial practices law and the EU competition law.

...this study is of great value to competition lawyers (academics and practitioners), as it provides a critical and comprehensive analysis of the current framework of EU unfair trade law and an original perspective on its interaction with EU competition law.

” –  Ioannis Lianos, World Competition Law and Economics Review

“This is a well-written and well-structured book with an extensive and completely up-to-date catalogue of bibliographical sources. Its major contribution to the existing academic literature lies not so much in its systematic and accurate analysis of the UCPD, but rather in the elaboration of its legislative implementation in five particular Member States and the proposed amendments of its currently applicable provisions.

...the book will surely prove very useful to both academics and practitioners interested in the current state of the law in the area of unfair commercial practices and its practical application at national level.

” –  Georgios Anagnostaras, Common Market Law Review, Volume 49, 4

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