Behavioural Innovations in Marketing Law

Copenhagen Business School, CBS LAW Research Paper 19-22

Hans-W Micklitz, Anne-Lise Sibony & Fabrizio Esposito, Research Methods in Consumer Law (Elgar 2018), Chapter 9.

43 Pages Posted: 4 Jun 2019 Last revised: 25 Jun 2019

See all articles by Jan Trzaskowski

Jan Trzaskowski

Copenhagen Business School - CBS Law

Date Written: 2018

Abstract

The purpose of this chapter is to present and discuss consumer protection aspects of laws concerning marketing in light of the ‘behavioural turn’ with a view to suggest how behavioural sciences may be used to reconstruct this legal field—and to provide inspiration for further research. Firstly, the law concerning unfair commercial practices is introduced, including in particular ‘the average consumer’ and ‘professional diligence’. These two normative abstractions are hereafter discussed in light of revelations within behavioural sciences (‘the behavioural turn’) and by taking developments in marketing into account. Basically, the idea is to discuss how empirical evidence corresponds with and may affect marketing law. This includes how and to which extent behavioural sciences can be used to draw the fine line between legitimate influence and illegal distortion of consumers’ economic behaviour. Finally, the chapter includes a discussion of law’s role and possible contribution to defining the proper level of consumer protection, including the delicate balancing between paternalism and the consumer’s right to self-determination.

Keywords: Marketing law, Unfair commercial practices directive, Consumer protection, Consumer behaviour, Behavioural turn

JEL Classification: K23, K29, M31, M38, D87

Suggested Citation

Trzaskowski, Jan, Behavioural Innovations in Marketing Law (2018). Copenhagen Business School, CBS LAW Research Paper 19-22; Hans-W Micklitz, Anne-Lise Sibony & Fabrizio Esposito, Research Methods in Consumer Law (Elgar 2018), Chapter 9.. Available at SSRN: https://ssrn.com/abstract=3398471

Jan Trzaskowski (Contact Author)

Copenhagen Business School - CBS Law ( email )

Porcelaenshave 18B, 1
Frederiksberg 2000
Denmark

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