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Christopher Hodges, Iris Benöhr, Naomi Creutzfeld-Banda

Consumer ADR in Europe

Series: Kooperationswerke Beck - Hart – Nomos

Volume 2012

Results in this title

Cross-border Consumer ADR S. 392-425

„… not handle complaints submitted directly by consumers.ODRAny dispute resolution system, including …” „… removal.Case Fees for ConsumersAs shown in Table 14.8, the vast majority of CADR schemes are free to consumers …” „… 13Cross-border Consumer ADRChristopher Hodges, Naomi Creutzfeldt-Banda and Iris Benöhr This chapter …”

French Charter of Consumer Mediation S. 512-517

„… French Charter of Consumer Mediation1PREAMBLE Created by Law No. 2010-737 of 1 July 2010 the …” „… Commission of Mediation of Consumer Affairs (CMC) is responsible for issuing advice and proposes measures of …” „… any kind to evaluate, improve, and disseminate best practices for non-judicial mediation in consumer …”

Commission Recommendation of 4 April 2001 on the principles for out-ofcourt bodies involved in the consensual resolution of consumer disputes (2001/310/EC) S. 500-507

„… resolution of consumer disputes(notified under document number C(2001) 1016)(Text with EEA relevance …” „… consumer protection and to promote consumer confidence, the Community should ensure that consumers have …” „… simple and effective access to justice and encourage and facilitate the settling of consumer disputes at …”

1. Commission Recommendation of 30 March 1998 on the principles applicable to the bodies responsible for out-of-court settlement of consumer disputes (98/257/EC) S. 492-499

„… out-of-court settlementof consumer disputes (*)(Text with EEA relevance)(98/257/EC)THE COMMISSION OF THE …” „… Article 155 thereof, Whereas the Council, in its conclusions approved by the Consumer Affairs Council of …” „… 25 November 1996, emphasised the need to boost consumer confidence in the functioning of the internal …”

1. Alternative Dispute Resolution in the EU S. 38-61

„… civil matters (2002).17 The second Recommendation is particularly important for consumer-related …” „… increasing trend in EU law to include provisions regarding alternative redress mechanisms in consumer-related …” „… bodies should collect and register at least the following information:(i) country of the consumer;(ii …”

Spain S. 246-265

„… are also available throughout the country.30Arbitration for Consumer-related Disputes With the …” „… general nature and can apply to most types of consumer-related disputes. However, the arbitration board is …” „… individual damages exist? July 2010, groupaction4consumers.eu/docs/Country%20survey_Traffic%20Lights.pdf …”

The United Kingdom S. 290-375

„… , ipsosMORI, 2009), available at www.consumerfocus.org.uk/assets/1/files/2009/12/Consumer-Conditions-Survey …” „… to large numbers of consumer-to-business disputes that had otherwise fallen out of the court system …” „… www.consumerdirect.gov.uk. 70 Strengthen and Streamline Consumer Advocacy: Consultation on consumer representation and …”

Sweden S. 266-289

„… national approach to settlement of consumer-tobusiness dispute.39 ARN was established in 1968 as a …” „… goods and services, company advertising and contract conditions, domestic finances and consumer-related …” „… costs for the consumer.The ADR bodies function like a court and, when viewed from the perspective of …”

Titelei/Inhaltsverzeichnis S. 1-29

„… Consumer Protection and Food Safety (Germany)C2B consumer-to-business (dispute)CAC Czech Arbitration …” „… Consumer ADR in EuropeThis is the first systematic comparative study into how consumer ADR systems …” „… covers EU measures on consumer ADR, and 2011 proposals for legislation on ADR and ODR. Data on volumes …”

Poland S. 204-233

„… chapter explores ADR mechanisms in Poland and evaluates the problems that remain. It focuses on consumer …” „… : ec.europa.eu/consumers/redress_cons/adr_en.htm. This page includes a map with information on ADR bodies notified to the Commission, as well as …” „… in the area: http://ec.europa.eu/consumers/redress_cons/adr_en.htm (DG SANCO), and …”

Germany S. 110-153

„… consumer organisations or consumer-policy oriented associations operate and are members of VZBV. Other …” „… consumer-policy oriented associations. These consumer bodies form an integrated system of advice, information, law …” „… : • consumer-policy lobbying and advising politicians and policy-makers to achieve rules that guarantee a transparent …”

France S. 74-109

„… recommendations. It should, however, be free to consumers.Implementation of the EU Mediation Directive in 2011 …” „… development of mediation in order to resolve consumer-related disputes’. In 2010, the Club reorganised under …” „… energy sector has complicated contracts, between consumer-supplier, supplier- distributor, and …”

Best Practice in Customer Care in the UK S. 376-391

„… rise of ‘consumerism’ and the implementation of extensive consumer legal rights. Marks & Spencer was …” „… http://ec.europa.eu/consumers/strategy/docs/consumercomplaint-swd_en.pdf.11 F Haines, Corporate Regulation. Beyond ‘Punish or Persuade’ (Oxford: Clarendon Press, 1997).12 …” „… http://webarchive.nationalarchives.gov.uk/tna/+/http://www.dti.gov.uk/ccp/topics1/pdf1/consumer.pdf. See also Sambrook Research International, Product Recall Research (Department …”

The Netherlands S. 166-203

„… pathway has grown to the extent that it has eclipsed the courts for consumer-to-business claims in most of …” „… Netherlands is based on a well-established structure and operation of Consumer Complaint Commissions1 …” „… relevant trade association and the national consumer association (Consumentenbond) and sometimes in …”

Slovenia S. 234-245

„… associations might assist in responding to complaints and there are no ombudsmen for consumer-to-business …” „… , a settlement was reached, in 13 cases it was established that the complaint of the consumer is …” „… out-of-court mechanisms for resolution of consumer disputes (Article 218). The provision aims at fulfilling the …”

Findings and Conclusions S. 426-491

„… ADR systems have clearly provided major new avenues of access to justice for consumer-to-business …” „… consumer.CADR systems vary in the extent to which they are mandatory for traders, and this is often related to …” „… is most consumer-friendly is in the Netherlands, as a result of the trade association guarantee noted …”

Introduction S. 30-37

„… decision that is binding on the company but not on the consumer.f. Ombudsman schemes: ombudsmen are …” „… at some stage or some other technique. In the context of consumer-to-business (C2B) disputes, dispute …” „… (Chicago, University of Chicago Press, 1981).3 Mapping UK consumer redress. A summary guide to dispute …”

Lithuania S. 154-165

„… seen in relation to the enforcement of consumer protection law.Although Lithuania has a court system …” „… population of 3.2 million, it is still too slow (and more expensive) compared with the consumer ADR system …” „… . The ADR system is attractive to consumers since it is free. The consumer complaint system is …”

2. Belgium S. 62-73

„… www.belgium.be/en/about_belgium/government/federal_authorities/federal_and_planning_public_services/.4 Small, and Medium Enterprises.5 http://economie.fgov.be/en/.Hodges Consumer ADR in Europe.indb …” „… 25 4/19/12 9:19 AM26 Consumer ADR in Selected Member StatesFrom the beginning, one thing was clear …” „… infrastructure to intervene or mediate in individual (consumer) cases. In the beginning of the new century …”

European Code of Conduct for Mediators S. 508-511

„… mediation services they offer, as well as to specific areas such as family mediation or consumer mediation.1 …” „… Consumer ADR in Europe.indb 471 4/19/12 9:19 AM472 Appendices1.3. FeesWhere not already provided …” „… agreed the terms and conditions of the mediation Hodges Consumer ADR in Europe.indb 472 4/19/12 9:19 …”

doi.org/10.5771/9783845259185

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Christopher Hodges

Law and Corporate Behaviour

Series: Kooperationswerke Beck - Hart – Nomos

Volume 2016

Results in this title

Consumer Trading and Protection S. 351-418

„… http://www.consumerfocus.org.uk/ publications/consumer-detriment-2012 . 3 Evidence on EU consumer detriment and complaints is …” „… http://ec.europa.eu/ consumers/cons_int/serv_gen/links/action_plan/ap01_en.pdf . The Consumer Enforcement Landscape …” „… Protection consumer-facing education and advice from April 2014, 44 and also assumed consumer advocacy (in …”

Appendix 2: Guidance for Enforcers of Consumer Law S. 715-744

„… ENHANCED CONSUMER MEASURES Guidance for enforcers of consumer law MAY 2015 APPENDIX 2 …” „… : GUIDANCE FOR ENFORCERS OF CONSUMER LAW 716 Appendix 2 Contents 2. The Enterprise Act 2002 …” „… ......................................................................................................... 16 Measures in the collective interest of consumers …”

Appendix 1: A Consumer Redress Scheme Under the Financial Services and Markets Act 2000 as Amended S. 707-714

„… APPENDIX 1: A CONSUMER REDRESS SCHEME UNDER THE FINANCIAL SERVICES AND MARKETS ACT 2000 AS …” „… AMENDED S 404 Consumer redress schemes (1) This section applies if — (a) it appears to the Authority …” „… , consumers have suffered (or may suffer) loss or damage in respect of which, if they brought legal …”

Standards, Accreditation, Self-Regulation and Co-Regulation S. 461-502

„… intervention initiative: Business Leadership in Consumer Protection. A Discussion Document on Self Regulation …” „… . Also relevant are certifi cation, registration, licensing, industry guidelines, consumer signposting …” „… frequently operate together. As examples of leading arrangements, the Consumer Codes Approval Scheme, the …”

The Enforcement Policies of Individual Agencies S. 269-350

„… _ consumer_credit_regulation_to_fca.pdf . 30 FSMA, ss 63, 66, 123, 131, 205 and 206. 31 FSMA, ss 401 and 402. 32 FSMA, s 45. 33 …” „… consumer-oriented and more effective communications) and better informed about their concerns and behaviour where …” „… general consumer protection and competition ( chapters 14 and 15 respectively), which it is more …”

Conclusions on Current Enforcement Policy S. 447-460

„… . consumerfocus.org.uk/news/bis-consultation-on-new-powers-to-protect-consumers . 22 Contemporaneous with the enforcement proposals, see Lord Heseltine, No Stone Unturned in …” „… general consumer trading, bribery and corruption, and both vertically and horizontally for competition …” „… regulators to share data and the revised consumer enforcement bodies ’ landscape encourages increased …”

The Structure of Regulation and Self-Regulation in the UK S. 173-212

„… , Consumer Focus, 2010) available at http:// www.consumerfocus.org.uk/assets/1/fi les/2010/03 …” „… http://www.bis.gov.uk/assets/biscore/ consumer-issues/docs/e/12-543-enhancing-consumer …” „… , trade associations, customers, consumers and/or civil society organisations. By these means, different …”

Regulating Safety S. 529-610

„… ), SANCO/2009/B3/012, http://ec.europa.eu/ consumers/safety/projects/docs/fi …” „… which regulatory regimes control the safety of selected types of consumer products and services. All …” „… are medicinal products, engineered products, general consumer products, health and safety in the …”

Conclusions: Ethical Regulation S. 695-706

„… traders and consumers.Individuals and fi rms who do not behave ethically should expect not to gain the …” „… 19 and 20. The FCA (Financial Conduct Authority) has created a unit that focuses on how consumers …” „… Affect Consumer Decisions? (FCA, 2014). 700 Conclusions: Ethical Regulation Both structures and …”

Enforcement of Competition Law S. 87-106

„… . In contrast, in consumer-to-business (C2B) situations, there were almost no small value mass …” „… ); mergers between fi rms that could harm competition (for example by restricting consumer choice or …” „… the most serious abuses, and can have a highly detrimental impact on consumers and cause substantial …”

Index S. 745-802

„… Consumer Codes Approval Scheme 469 – 70 logo 479 standards 479 – 80 abuse of dominant position 87 …” „… 585, 590 – 1, 703 capture, risk of 458 cartels 102 competition 439 consumer protection 416 …” „… elements of regulatory 701 ethics 689 fi nancial services 626 – 7, 652, 656, 660 consumer redress …”

Titelei/Inhaltsverzeichnis

„… Perspective edited by Christopher Hodges, Stefan Vogenauer and Magdalena Tulibacka Volume 2: Consumer ADR …” „… ...................................................... 269 14. Consumer Trading and Protection …” „… .................................................................................. 695 Appendix 1: A Consumer Redress Scheme Under the Financial Services and Markets Act 2000 as …”

Competition S. 419-446

„… approach to enforcement of competition law with its approach to enforcement on consumer market issues …” „… market research in both the competition and consumer areas, and it appears not to have been fully …” „… recognised that they showed somewhat different things. The consumer research has been set out in chapter 14 …”

Financial Services S. 611-666

„… consumer products, and persistent failures to comply with suitability rules, 21 such as pension transfers …” „… ), outlining failures to assess the risks that consumers are prepared to sustain. 22 J Black and R …” „… ; Press Release: Commitment to Help Consumers Agreed at PPI Summit (BBA, 23/04/2012); Treasury Committee …”

OECD Policy on Regulation and Enforcement S. 257-268

„… Consumer Policy: Report on the Effectiveness of Enforcement Regimes (Paris, OECD, 2006); this was written …” „… traders and achieving timely redress for consumers, but the civil regime did not then allow the courts to …” „… , exemplifi ed by the Netherlands, was dependent to a large extent on consumer activism, self-regulation and …”

Private Enforcement in USA S. 67-86

„… Effectiveness of Public and Private Models for Regulating Consumer Protection ’ in W van Boom and M Loos …” „… (eds), Collective Consumer Interests and How They Are Best Served in Europe ( Vienna , Kluwer …” „… to the class and almost none of them provided in-kind, injunctive, or declaratory relief. Consumer …”

Public Regulation S. 159-172

„… intrinsically more serious in terms of constituting a threat to society than misleading advertising of consumer …” „… Anti-Discrimination and Consumer Law ’ EUI Working Papers, Law 2009/19. 36 A Stone Sweet , ‘ A Cosmopolitan Legal …” „… , criminal and governmental liability. 49 A 2008 review of consumer protection enforcement revealed a …”

Criticisms of Deterrence S. 107-138

„… , such as distributors, then retailers, then consumers). The payment of full compensation by those who …” „… , (2010/2137(INI)) para 5. The goal of the UK OFT is ‘ to make markets work well for consumers ’ : see …” „… regime. One is to internalize consumer harm . The other is to deter completely by eliminating the …”

Introduction S. 1-12

„… consumer) and often with limited or even no knowledge of the landscape or of similar debates in other …” „… individuals, especially consumers who typically incur levels of detriment that are individually small. Given …” „… the workplace. Chapters 14 and 15 cover consumer protection and competition respectively, against the …”

Deterrence Theory S. 45-66

„… Law ’ ( 1951 ) 4 Current Legal Problems 137 . Noted in P Cartwright , Consumer Protection and …” „… Philipsen , ‘ Curbing Consumer Financial Losses: The Economics of Regulatory Enforcement ’ ( 2009 ) 31 …” „… Society ( 2008 ) 35 ( 3 ) 389 – 416 ; R Van den Bergh , ‘ Should Consumer Protection Law be Publicly …”

Responsive, Meta and Compliance Theories S. 241-256

„… Standards Agency (FSA), trade associations and consumer groups around 2001 – 2002 found consistent themes …” „… , commentators, rating agencies, and customer or consumer bodies, 87 as well as employees, even acting as …”

Conclusions S. 153-158

„… , for example, the Consumer Product Safety Commission in 2014 for failure to report potential product …”

Compliance within Business Organisations S. 503-528

„… Meaning of Consumer Law ’ ( 2009 ) 43 Law & Society Review 527 – 62 . 74 PJ DiMaggio and W …” „… their social responsibility enterprises can build long-term employee, consumer and citizen trust as a …” „… development in corporate responsibility and in the role of consumers. 120 The policy issued in 2014 noted …”

The Findings of Social Psychology S. 13-44

„… , ‘ Time-Inconsistent Preferences and Consumer Self-Control ’ ( 1991 ) 17 Journal of Consumer Research 492, 497 ; D …”

Developments in Criminal Enforcement in the United Kingdom S. 213-240

„… corporate behaviour by consumer bodies and the media through requiring transparency of activities …”

Business Values: Culture, Commitment, Trust and Ethics S. 667-694

„… general consumer trading. 165 The FSA ran a programme from 2003 specifi cally on ‘ Treating Customers …”

doi.org/10.5771/9783845274225

Anca Daniela Chirita - The German and Romanian Abuse of Market Dominance in the Light of Article 102 TFEU

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Anca Daniela Chirita

The German and Romanian Abuse of Market Dominance in the Light of Article 102 TFEU

Series: Schriften des Europa-Instituts der Universität des Saarlandes - Rechtswissenschaft

Volume 82 2011

Results in this title

Protection v Consumer Welfare S. 209-211

„… consumer-protection rules, the primary purpose of the common-competition rules was achieving harmonised rules amongst …” „… incapacity of a pure consumer-welfare-based competition policy to provide final consumers with the greatest …” „… environmental, social, cultural, and consumer-protection ones generally into Article 81 EC, see A. Komninos …”

Anti-competitive Foreclosure and Consumer Harm S. 173-176

„… 173 of customers or final consumers. However, competition authorities may at least benefit from …” „… by its object and another when foreclosing rivals’ access harms consumers indirectly, must be seen as …” „… already been explained, affording protection to consumers should be seen as a method of unfair competition …”

The Evolution and Role of Consumers’ Interests S. 211-213

„… environmental, social, cultural, and consumer-protection ones generally into Article 81 EC, see A. Komninos …” „… consumer-protection rules.846 Following this line, the Amsterdam Treaty introduced Article 153(2) as a «horizontal …” „… to distinguish between them and to exclude the broader concept of consumer interests from the …”

Undistorted Competition: High Level Protection v Consumer Welfare S. 203-205

„… to the interpretation of the Lisbon Treaty, a shift to a consumer-welfare standard or a more …” „… under a pure consumer-welfare optimisation or under Article 173. Therefore, short-run dynamic …” „… net economic effects, since parallel trade «ultimately» benefits consumers with regard to both price …”

The European Commission’s Standard: Total v Consumer Welfare S. 65-68

„… may prove an exceptional circumstance for the benefit of consumers, but cannot completely replace an …” „… v Consumer Welfare In its Discussion Paper,200 the Commission proposed consumer welfare as a primary …” „… «means of both enhancing an efficient allocation of resources and consumer welfare».201 However, consumer …”

A Shift to More Effects-based Competition, Consumer Harm, and Public Policy? S. 213-217

„… 213 8. A Shift to More Effects-based Competition, Consumer Harm, and Public Policy?Under EU …” „… competition law, the effects on consumers are, inter alia, included only in the particular situation of …” „… consumers», which cannot be applied to the abuse of dominance policy as a whole.851 The concept of harm to …”

Brief Overview of Responses and Concluding Remarks S. 196-201

„… consumer-welfare policy standard or, more precisely, the interpretation of the word «consumers» for enforcement …” „… 196 new product emerging for which there is consumer demand.780 This list of exceptional …” „… may be in line with the Commission’s intention when it states that consumer harm arises if the refusal …”

Consistency v Legal Certainty in light of the Form and Effects-based Approach S. 168-173

„… Approach The EU case law on the abuse of dominance rejects any consumer-welfare standard.642 It is …” „… modern economic thinking and whether the rationale behind consumer-welfare is to ensure consistency with …” „… suggests, for assessing those cases where anti-competitive conduct does not have a consumer-protection …”

The Teleological Interpretation of Article 12 to Article 102 S. 217-220

„… implies that since consumer-protection requirements can be generally applied to competition policy as a …” „… 217 individual competitors or of consumers, but to protect competition as an institution and …” „… thereby indirectly protect consumers. 9. The Teleological Interpretation of Article 12 to Article 102 The …”

Undistorted Competition and the Old Teleological Interpretation of Article 102 S. 202-203

„… remain unchanged with regard to the interpretation of the Lisbon Treaty, a shift to a consumer-welfare …” „… should be made between distortions that harm consumers’ economic interests and those that harm the …” „… intermediate or final consumers, as under Article 2 EC Merger Regulation. Despite safeguarding the competitive …”

Reconcilable Tensions of the New Shift S. 165-168

„… any consumer-welfare standard.642 It is, therefore, necessary to analyse how the Guidance Paper’s …” „… consumer-welfare is to ensure consistency with such other areas of competition law as non-horizontal mergers or …” „… service for consumers in order to achieve «consumer sovereignty», which was to be a key criterion against …”

The Competition Policy after Lisbon and the Interpretation of Article 102 S. 208-209

„… consumer-welfare approach is impossible. The benefit of having the balancing between Article 119 and 12 is that the …” „… despite having safeguarding consumers’ interests as an intermediate goal. The latter may need direct …” „… should favour only consumers as beneficiaries of the competitive process. For the reasons given, a purely …”

Concluding Remarks S. 220-222

„… 220 rule-of-law argument prevents narrow consideration being given to the final consumer whilst …” „… autonomous provision out of the Union’s pillar and out of the broader context of consumer protection makes …” „… itself shares competence with its Member States over unfair competition, the protection of consumer …”

The Comparative Understanding of Undistorted Competition within the Union’s Internal Market S. 205-208

„… , as under a pure consumer-welfare optimisation or under Article 173. Therefore, short-run dynamic …” „… purely consumer-welfare approach is impossible. The benefit of having the balancing between Article 119 …” „… efficiencies may be achieved by consideration of consumer choice, innovation, research and development, as …”

Concluding Remarks on the Final Balancing of Policy Objectives, their Enforcement and Future Challenges S. 46-49

„… foreclosure as such, but in aiming to investigate other cases where the concept leads to consumer-harm …” „… competition. Furthermore, in the light of Article 12, a narrow definition of a consumer could also be applied …” „… precedence over particular situations, where the interests of the final consumers are balanced against the …”

The German Economic Thinking in the Light of an Economic Constitution S. 49-55

„… in aiming to investigate other cases where the concept leads to consumer-harm, directly or …” „… L. Lovdahl Gormsen, The Conflict between Economic Freedom and Consumer Welfare in the Modernisation …” „… , economic freedom and consumer welfare are not only inimical, but also mutually exclusive. This assertion …”

Ambiguities: Where is a Clear Policy Standard? S. 162-165

„… total welfare as a standard, helps markets to work better for «the benefit of businesses and consumers …” „… potentially abusive conduct, as its Discussion Paper had done previously.611Its first recognition of «consumer …” „… anti-competitive conduct «that are most harmful to consumers». This, however, falls short of promoting exploitative …”

The Methodological Approach to Efficiencies and Case Law S. 180-190

„… 180 evidence of consumer harm in the form of supra-competitive retail prices on the ADSL market.696 …” „… Article 102, if «direct» consumer harm were to be the decisive criterion for identifying abuse …” „… consumers. Nonetheless, situations where the Commission would need to carry out a causation analysis in …”

The Standard of Proof and the Evidentiary Requirements S. 176-180

„… 176 foreclosure.673 This focused more on competitors than on consumers, and it would be possible to …” „… consumers. However, the Commission justified it by resorting to general factors and presumptions. Therefore …” „… offer them significant flexibility to infer consumer harm from the conduct’s negative impact on market …”

Overview of Major Policy Objectives S. 27-46

„… safeguarding of free competition and the furtherance of consumers, undistorted competition and the market …” „… market, customers or consumers.54 As Section 1 refers particularly to the prevention or distortions of 51 …” „… strong market position.58b) The Furtherance of Consumers Under Romanian competition law, the common …”

Introduction to the Challenges and the Gaps of the Guidance Paper S. 158-162

„… competition concepts as the consumer welfare standard; the anti-competitive foreclosure and consumer harm …” „… prejudice of consumers, and Article 7(1), the standard of «consumer welfare», made it easier to be in line …” „… consumers. Its shifting would then require the illegality of specific conduct that falls outside the area of …”

The Analysis and Interpretation of the Recent Romanian Amendment S. 150-156

„… competition to the detriment of consumers.585 The Monopolies Commission deemed the ban on selling below cost …” „… as before. Thus the reference in its Article 1 to the furtherance of consumer interests may also be …” „… consumer welfare within the context of the exceptional circumstances. These circumstances allowed the CC to …”

Introduction S. 201-202

„… 201 VI. A Future Interpretation of Article 102, Consumer Welfare, and the Way Forward under EU …” „… practices that are most harmful to the final consumers under the economic theory of consumer welfare. The …” „… implications of «consumer protection requirements» must shed special light on Article 12 TFEU. After the …”

Introduction S. 346-349

„… property rights. The analysis of certain provisions shows that the terms «prejudice to the consumers …” „… not also refer to customers’ or consumers’ exploitation with regard to other «specific» trading …” „… in misleading or comparative advertising that deceives or is likely to deceive the average consumer …”

Performance v Prevention-Based Competition and Economic Efficiency S. 55-61

„… regard to a pragmatically induced shift from consumer sovereignty to market structure. The early concept …” „… of performance defined competition in terms of better service for consumers and aimed to achieve …” „… «consumer sovereignty» to the largest extent possible.169However, the path to achieve such an ambitious goal …”

Contractual v Technological Tying S. 290-294

„… purchase of a second, separate product; on the consumer’s or competitor’s purchase of another product; or …” „… on the consumer’s or competitor’s agreement to refrain from using or distributing a competitor’s …” „… cartridges was dominant in the market.1182 Mistubishi abused its position by requiring consumers that used …”

The Dominant Position and the Concept of Abuse S. 82-104

„… significant degree independently from its competitors, customers and consumers».264 Thus, 262 …” „… , namely, competitors, customers and, ultimately, consumers.265 In the Guidance Paper on its enforcement …” „… long-term to the detriment of consumers. Relying on the subjective concept, competition is not on merits …”

Establishing Market Dominance S. 74-79

„… effect affecting the economic activity or the prejudice of consumers. The last condition contained two …” „… effects upon consumers as an alternative to its object, namely, any anti-competitive deeds that affect the …” „… object or effect in affecting economic activity or prejudice to consumers, which, terminologically, left …”

The Elements of Unfair Competition under Article 102 S. 359-361

„… , Section 20’s prohibition protects competitors or more recently consumers1443 as market participants, and …” „… effects on consumers are in line with the economic thinking of consumer welfare is the term «prejudice to …” „… the consumers», which is also based on the meaning found in the law of contracts and economic torts …”

The As-Efficient Competitor Test S. 190-192

„… 190 such behaviour can never benefit consumers and can have only a negative impact on their welfare …” „… efficiency defence should be seen as a limited defence and be applied only in cases of customer or consumer …” „… exploitation where the Commission would conclude by its final balancing that the final consumers have been …”

Efficiencies S. 331-333

„… 331 However, «an increasing number of consumers» were, indeed, locked into a homogeneous Windows …” „… solution at the level of work group server operating systems.1336 Therefore, consumer choice was limited …” „… consumer demand». Therefore, if no demand for an allegedly «tied» product exists independently, then, the …”

The Market-Structure-Conduct Paradigm, Effective Competition, and the Objective Justification S. 61-65

„… harmful conduct relative to its effects on producers’, customers’, competitors’ or consumers’ welfare. The …” „… ., 581-31. Their hypothesis is that static competition is unlikely to improve consumer welfare, which is the …” „… , the controversy surrounds the application of consumer choice as a variable to other methods than …”

Abuse of Economic Dependency: A Gap under Article 102 S. 322-325

„… under Article 102 is based on the assumption that those divergent provisions serve «consumer welfare …” „… inducing «consumer harm», 22. The case brought before the FCJ on economic dependency and the …” „… maintain business ethics, rather than to prevent consumer harm. Of course, ultimately, the consumer …”

Conclusions and Reasons to Enact an Unfair Competition Control Regulation Union-wide S. 372-375

„… consumers, but it does not cover business-to-business practices such as boycotts or refusals to supply. In …” „… practices under the Title on Consumer Protection, except for Article 102 on unfair anti-competitive …” „… practices for the purpose of business-to-business markets. Also, the existence of «prejudice» to consumers …”

Selected Anti-competitive Practices of the Guidance Paper S. 192-196

„… 192 for example, below-cost selling. As short-term profit sacrifice increases consumer welfare only …” „… temporarily and marginally, it is still detrimental to consumer welfare in the long run.7559. Selected …” „… undertaking’s ability to benefit from economic sacrifice is the key to establishing consumer harm. The …”

Selling below Cost in the Food Trade Sector S. 257-259

„… , without an economic analysis of actual effects on consumers and of the welfare benefits in the short run …” „… competition or potential competition in the market. Instead, it may benefit consumer welfare in the short run …” „… . The argument of protecting consumer welfare in the long run remains, however, unclear. Section 20(4 …”

An Empirical Classification of Abusive Practices and Future Challenges S. 230-235

„… for affecting economic activity or the consumers. Therefore, competition is affected when a firm uses …” „… both economic freedom and consumers, it allows consideration of both economic variables, such as the …” „… freedom of action and consumers’ free choice.Therefore, any classification of anti-competitive practices …”

The Relevant Markets S. 104-112

„… basic concepts, such as consumers’ switching costs, basic demand or supply characteristics and …” „… entry, consumer preferences, the differences between 357 Article 2 II(1) Regulation for the Application …” „… relevant market for cable TV services for which the consumers paid a monthly subscription, instead of two …”

The Union’s Present Unfair Competition Case Law S. 361-370

„… anti-competitive and unfair practices that may amount to harm to consumers; that may lead to the necessity of …” „… constitute a direct harm under private litigation before courts. However, the «harm to consumers» as market …” „… controversial is that such a disclosure of information for the benefit of consumers and society as a whole was …”

The Lock-in Effect: Microsoft & Soda Club S. 330-331

„… PCs made competing media players less attractive to consumers. With regard to the foreclosure effects …” „… complementary consumers may wish to obtain them from different sources.13351330 Ibid, para 1009. 1331 FCJ …” „… , paras 917-933. 331 However, «an increasing number of consumers» were, indeed, locked into a homogeneous …”

Titelei/Inhaltsverzeichnis S. 2-10

„… Consumers 29c) Undistorted Competition and Market Integration 31d) Non-Competition or Public Policy …” „… the Objective Justification 616. The European Commission’s Standard: Total v Consumer Welfare 657 …” „… Foreclosure and Consumer Harm 1736. The Standard of Proof and the Evidentiary Requirements 1767. The …”

Brief Overview of Sharp Practices of the German Act against Unfair Competition S. 156-158

„… ». «Market participants» are not only competitors and consumers, but «all persons, who supply or demand goods …” „… competitors, consumers or other market participants. In the past, under Section 13(2), it was required that …” „… prohibits acts of unfair competition that are capable of impairing the «freedom of choice of consumers» or …”

Abuse of Intellectual Property Rights: A New Exploitative Abuse of Property Rights? S. 307-314

„… consumers respectively, by imposing, directly or indirectly, sale or purchase prices. Novartis allegedly …” „… consolidate its monopoly position and therefore maintain higher prices for Valsartan to the end-consumers …” „… prevents the emergence of a product for which there is a potential consumer demand and if the refusal would …”

The Control of Unfair Competition Acts: A Dynamic Interpretation S. 370-372

„… measures even when they are designed to ensure a «high level of consumer protection».1488The clear …” „… interest of the general public, such as of any market participants, in particular consumers or competitors …” „… competition, the conflict-of-law rule should protect competitors, consumers and the general public». Thus it …”

Hindrance Abuse S. 286-290

„… gas station operators in the relevant gas stations market for final consumers.1170Therefore, the six …” „… supplying small petrol station operators, than those charged to final consumers at their own petrol stations …” „… price that is higher than the companies’ gas prices for the final consumers could be abusive.1171 An …”

Margin Squeeze in the Telecommunications Sector S. 260-268

„… efficient» competitors out of the market, DT strengthened its dominant position and limited consumers …” „… , in particular, to protect consumers by means of undistorted competition».1066 Therefore, consumers …” „… long-term reduction of retail prices.1067 This view recognised that the transfer of wealth to consumers is …”

Bibliography S. 383-395

„… Oxford Journal of Legal Studies. Akman, P.: ‘Consumer Welfare’ and Article 82 EC: Practice and Rhetoric …” „… competition, Consumer Welfare and the Interpretation of Article 102 TFEU, 33(2010)3 World Competition Law and …” „… .: Competition Law and Consumer Protection, The Hague, Kluwer Law International, 1st edn, 2005. Cseres, K.J.: The …”

Exclusionary Abuses S. 133-142

„… «limiting production, markets or technical development to the prejudice of consumers»,514 but replaced …” „… the «prejudice of users or consumers». As has already been noted, a systematic interpretation of …” „… Article 6 (b)’s special emphasis on consumers’ prejudice in corroboration with Article 6’s general clause …”

Final Remarks for Germany S. 379-381

„… process and, as far as the present enforcement has shown, the focus upon the consumers’ protection has …” „… performance-competition or competition on the merits. Consumer sovereignty also experienced difficulties associated with …” „… focus upon unfair hindrance shows the interplay of effects on competitors or consumers with short-run …”

Selling below Costs S. 252-257

„… the distribution chain and by limiting tobacco’s distribution to the prejudice of consumers.1014 …” „… 1999, the plaintiff had also limited distribution to consumers’ disadvantage and favoured SC T.D.G. SRL …” „… decisions are suggestive of the effects on consumers and the foreclosure of smaller competitors as unfair …”

Preface S. 11-12

„… efficiencies; consumer harm; consumer welfare; the balancing test and objective justification; performance and …” „… enforcement priorities in applying Article 102 and upon the consumer protection function in the light of the …” „… fits the realities or traditions of its Member States. The understanding of consumer welfare, therefore …”

The Historical Background of the EU Unfair Competition Rules S. 349-356

„… 349 business-to-consumer practices also interplays with various other specific directives.Therefore …” „… consumers or competitors. A practical problem is whether the Lisbon Treaty contains a provision addressing …” „… Article 40, in order to establish the Common Market, provisions should also be afforded to consumers which …”

Final Remarks for EU Competition Law S. 381-382

„… of consumers, as no efficiencies have been gained. However, also critical is the extent to which …” „… , such as trademarks, business secrets and any other issues that do not fall under consumer protection …” „… influence of consumer welfare and rule of reason with the Union’s own concepts and pre-conditions of how the …”

Final Concluding Remarks S. 342-346

„… assessing dominance, but went beyond foreclosure itself when it required proof of consumer harm. Again, the …” „… latter appears to be in line with the unfair anti-competitive practices that protect consumers or prevent …” „… consumer harm by safeguarding primarily the overall public interest, as human health or safety standards …”

The Present Relevance of the Historical Interpretation of Article 102 S. 356-359

„… business or consumers is based on the common civil and commercial law system, it appears normal that these …” „… their own complaints, or that consumer associations will eventually do this for them, or should an …” „… , Section 20’s prohibition protects competitors or more recently consumers1443 as market participants, and …”

Brief Overview of Remedies, Penalties, and Judicial Review S. 222-229

„… limited consumer choice and stifled innovation by preventing innovative products, for which there was a …” „… consumer demand, from reaching endconsumers. The Commission concluded that such practices actually deter …” „… with its customers in the internal market or of its discounts on consumers, and other procedural …”

Concluding Remarks on the Eighth German Amendment and the Case Law S. 325-327

„… of food is to achieve consumer welfare in the long run. Therefore, this approach is oriented more …” „… towards end-customers or consumers than to protecting competition as such. It is based on the likelihood …” „… , this is to the detriment of consumers, as no efficiencies have been gained. Therefore, such an approach …”

Discounts and Rebates S. 270-279

„… competition to the final consumers, as the effects of Intel’s conditional rebates «significantly diminished …” „… behaviour has led to a «significant reduction of consumer choice» and lowered «incentives to innovate».1115 …” „… . This anticompetitive behaviour also resulted in a significant reduction of consumer choice and in …”

Brief Overview of Short-Term or Other Policy Goals S. 68-74

„… of unfair pricing, therefore, should be seen as a provision that also marginally affects consumers or …” „… balancing of the interests of competitors, consumers, and any other market participants against public …” „… , but also consumers. Therefore, any protection afforded to competitors may be perceived as protecting …”

Likelihood of Effects and Competition on the Merits S. 329-330

„… operating systems market.1325 As Article 102 covers «not only practices which may prejudice consumers …” „… interoperability information to its rival Sun, evidence of prejudice to consumers was not required. For the finding …” „… , whilst the WMP’s ubiquity on PCs made competing media players less attractive to consumers. With regard …”

Business or Demand-induced Dependence S. 321-322

„… those divergent provisions serve «consumer welfare», as a policy objective. Without reiterating the …” „… case of Rossignol is offered as an exemplary evidence of conduct inducing «consumer harm», 22. The case …” „… consumer harm. Of course, ultimately, the consumer protection may also be relevant. However, «product …”

Distinctive Features in the Light of the Eighth German Amendment S. 146-150

„… consumers from switching to other energy providers, as electricity is a quasi-homogenous good; rather, it …” „… have a beneficial impact in the short run by improving consumer supply, but it does not improve …” „… consumer welfare in the long run.579 Nevertheless, the danger that further concentration will continue to …”

Export Sales below Cost and Dumping Pricing S. 268-270

„… thereby harming domestic consumers who would have to pay increased prices to cover the difference. Thus …” „… is unclear. It could be that it seeks to ensure that neither domestic firms nor consumers pay higher …” „… prices, thus allowing a dominant firm to sell its products at lower prices to foreign firms or consumers …”

Technical Bundling and the Unfair Interoperability Advantage S. 336-338

„… that the refusal «limited technological development to the prejudice of consumers», whilst Microsoft’s …” „… or service finally reaches the end-consumer. Under German competition law, technical tying as product …” „… consumers.1369Therefore, the court concluded that Microsoft had a lead over its competitors not based on the …”

The Balancing Test: The Public Interest and Effective Competition S. 333-336

„… , etc». 334 interests of EU consumers? The latter aspect is critical where there should be legal …” „… interest. It cannot qualify as an exceptional circumstance if the public interests of consumers in general …” „… grant a licence prevents the development of the secondary market to the prejudice of consumers. 1356 …”

Excessive or Unfair Pricing and Unfair Trading Conditions S. 236-242

„… fall under the consumer protection laws. Gas Sud did not force its consumers to deal with its …” „… companies to make a connection, whilst consumers could not, ultimately, make any choice. Thus, this aspect …” „… and the impact on consumers. Such a concept imposes a stricter standard, but also increases …”

The Assessment of Market Dominance S. 112-127

„… found to be not dominant vis-à-vis end-consumers, even if it was the only supplier in the relevant …” „… that leads to consumer harm. Overall, a comprehensive evaluation of the general factors achieves better …” „… characteristics, consumer preferences, or any substantial differences between product prices by suppliers. 432 …”

Technological Tying v Interoperability in the Software Industry S. 294-298

„… Article 7, the UCPD directly protects «consumer economic interest from unfair business-to-consumer …” „… «limiting production, markets, or technical development to the prejudice of consumers», aiming to support …” „… the welfare of consumer,1209 and not of intermediaries such as users, customers or producers. This …”

Monopoly Pricing S. 235-236

„… fall under the consumer protection laws. Gas Sud did not force its consumers to deal with its …” „… companies to make a connection, whilst consumers could not, ultimately, make any choice. Thus, this aspect …”

Predatory Pricing S. 245-252

„… supply areas. There were barriers to entry for newcomers and no possibility for consumers to switch to …” „… that prejudiced particularly the final consumers.981The flaw in the CC’s approach is that it does not …” „… protection against a competitor’s low prices is likely to be costly to consumers who are denied the advantage …”

Super-dominance v Paramount Market Position S. 327-329

„… signal that super-dominant companies cannot abuse their position to hurt consumers and dampen innovation …” „… market.1325 As Article 102 covers «not only practices which may prejudice consumers directly but also …” „… to its rival Sun, evidence of prejudice to consumers was not required. For the finding of dominance …”

Economically Viable or Surviving in the Market S. 338-342

„… the detriment of consumers.1369Therefore, the court concluded that Microsoft had a lead over its …” „… network effects, efficiency, and/or consumer preference for a homogenous system.1372 It is, therefore …” „… emergence of a «new» product are analysed in the context of «damage to the interests of consumers». 1376 …”

Excessive Prices in the Energy and the Gas Sector S. 242-245

„… abusive conduct could lead to final consumers paying higher prices and a slower development of the …” „… and no possibility for consumers to switch to other suppliers. The FCO examined 18 electric heating …”

Refusal to Grant Access to Essential Facilities S. 302-307

„… network facilities or supplying end-consumers with electricity.1252 The operation of side network …” „… effect economic activity or prejudice to consumers respectively, by imposing, directly or indirectly …”

Cross-subsidisation S. 259-260

„… in its pricing decisions, and therefore were very low for consumers.1041Both firms gained a …”

National Competition Authorities S. 25-27

„… safeguarding of free competition and the furtherance of consumers, undistorted competition and the market …”

Final Remarks and Policy Recommendations for Romania S. 376-379

„… enforcement has shown, the focus upon the consumers’ protection has been only marginal. (10) With relatively …”

The Legal Background of the Abuse of a Dominant Position S. 19-22

„… the economic activity or prejudice to consumers. Following the Competition Council’s legislative …”

The Scope of Application of the Market Dominance Laws S. 79-82

„… significant degree independently from its competitors, customers and consumers».264 Thus, 262 …”

Long-term Exclusive Agreements S. 279-284

„… between 50% and 80% respectively of the consumer requirements.1138The Commission investigated whether E.ON …”

Dependence upon a Certain Undertaking S. 314-319

„… extended because under the commercialisation regulation neither the National Authority for Consumer …”

doi.org/10.5771/9783845230306

Sara Protasi - The Moral Psychology of Envy

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Sara Protasi (ed.)

The Moral Psychology of Envy

2022

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Niels van de Ven Chapter 12 The Envious Consumer S. 217-236

„… 217Chapter 12The Envious ConsumerNiels van de Ven“All you need is envy.” This is how Young and …” „… more products. The advertising agency argues that envious desire can motivate consumers to buy, and …” „… question, by focusing on the emerging research in psychology and marketing on how envy drives con-sumers. I …”

Index S. 237-246

„… catch-up consumption, 172consumer inequality, 227–29introduction to, 217–18malicious envy, 217–18, 220–22 …” „… , 104–5consumer inequality and, 227criticism and, 147, 159displeasure and, 186emotions defined by …” „… behavioral economics, 168–75being envied, 32–35, 47–52benevolence, 94benign envy. See also consumerism with …”

Miriam Bankovsky Chapter 9 The Fact of Envy S. 163-180

„… what gets pro-duced, on who consumes the product, and on how resources are distributed. Second, even if …” „… did not themselves participate in the producer-consumer transaction). Externalities are positive if …” „… textbook solution is to design ways to ensure that the transaction between producer and consumer reflects …”

Alfred Archer, Alan Thomas, and Bart Engelen Chapter 10 The Politics of Envy S. 181-198

„… Niels van de Ven (“The Envious Consumer,” chapter 12).9. Though, this may not promote the well-being of …” „… . The ideology of consumerism encourages The Politics of Envy 189people to value material possessions …”

Sara Protasi Introduction S. 1-22

„… “The Envious Consumer” (chapter 12) given that his research was central in advancing the functional …” „… goods, and thus marketers aim to increase it in consumers, while malicious envy increases …” „… and consumer products but also grades in school, intelligence, fitness, attractiveness, and more.10 …”

Preface

„… Algorithm 199Alison Duncan KerrChapter 12: The Envious Consumer 217Niels van de VenIndex 237About the …”

About the Contributors S. 247-252

„… focuses on the psychol-ogy of (consumer) behavior, financial decision-making, and emotions. He studies …”

Felipe Romero Chapter 3 On the Epistemic Effects of Envy in Academia S. 61-76

„… endorsed by Niels van de Ven in “The Envious Consumer” (chapter 12) and by Jens Lange and Jan Crusius in …”

Jens Lange, Jan Crusius Chapter 2 How Envy and Being Envied Shape Social Hierarchies S. 41-60

„… . “The Bad Can Be Good: When Benign and Malicious Envy Motivate Goal Pursuit.” Journal of Consumer …”

Alison Duncan Kerr Chapter 11 To Envy an Algorithm S. 199-216

„… “Mali-cious Moral Envy” (chapter 7) and Niels van de Ven on “The Envious Consumer” (chapter 12 …”

doi.org/10.5771/9781538160077

Danette DiMarco, Timothy Ruppert - Avian Aesthetics in Literature and Culture

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Danette DiMarco (ed.), Timothy Ruppert (ed.)

Avian Aesthetics in Literature and Culture

2022

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Consumers Consuming Birds S. 197-248

doi.org/10.5771/9781666901825

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