The EU Unfair Commercial Practices Directive: A Faltering First Step

London Law Review, Vol. 1, No. 2, pp. 317-337, October 2005

24 Pages Posted: 9 Mar 2008

Abstract

Commercial practices between businesses and consumers within the internal market are benefited today by a uniform set of rules: Council Directive 2005/29/EC ('Commercial Practice Directive' hereinafter'). The Commercial Practices Directive fully harmonises measures seeking to curb unfair commercial practices harmful to the economic interests of consumers.

Furthermore, the Commercial Practices Directive pursues the double aim of contributing to the smooth functioning of the internal market, and providing consumers a high level of protection. This paper first outlines the limited scope of the Commercial Practices Directive, its general prohibition, its notion of misleading and aggressive practice, and its failure to address fully the potential of codes of conduct in the field of unfair commercial practice. Secondly, this paper analyzes the developing notion of an 'average consumer,' and how it will play a pivotal role in the application of the Commercial Practices Directive. Finally, the US experience with fair trade laws is examined with some concluding, remarks on the relationship between the consumer, competion, and unfair practice laws.

Keywords: Unfair commercial practices, competition, consumer

Suggested Citation

Poncibò, Cristina, The EU Unfair Commercial Practices Directive: A Faltering First Step. London Law Review, Vol. 1, No. 2, pp. 317-337, October 2005, Available at SSRN: https://ssrn.com/abstract=1097069

Cristina Poncibò (Contact Author)

European University Institute ( email )

Villa Schifanoia
133 via Bocaccio
Firenze (Florence), Tuscany 50014
Italy

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