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The limits of competition : reasserting a role for consumer protection and fair trading regulation in competitive markets

Howell, Nicola & Wilson, Therese (2008) The limits of competition : reasserting a role for consumer protection and fair trading regulation in competitive markets. In Parry, Deborah, Nordhausen, Annette, Howells, Geraint, & Twigg-Flesner, Christian (Eds.) The Yearbook of Consumer Law 2009. Ashgate Publishing, Farnham, England.

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    Abstract

    In this paper we advocate for the continued need for consumer protection and fair trading regulation, even in competitive markets. For the purposes of this paper a ‘competitive market’ is defined as one that has low barriers to entry and exit, with homogenous products and services and numerous suppliers. Whilst competition is an important tool for providing consumer benefits, it will not be sufficient to protect at least some consumers, particularly vulnerable, low income consumers. For this reason, we argue, setting competition as the ‘end goal’ and assuming that consumer protection and consumer benefits will always follow, is a flawed regulatory approach. The ‘end goal’ should surely be consumer protection and fair markets, and a combination of competition law and consumer protection law should be applied in order to achieve those goals.

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    ID Code: 45463
    Item Type: Book Chapter
    Additional URLs:
    Keywords: competition, consumer protection, fair trading
    ISBN: 9780754675747
    Subjects: Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > Commercial and Contract Law (180105)
    Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > Law not elsewhere classified (180199)
    Divisions: Current > QUT Faculties and Divisions > Faculty of Law
    Current > Schools > School of Law
    Copyright Owner: Copyright 2008 Ashgate Publishing
    Deposited On: 26 Aug 2011 09:08
    Last Modified: 26 Jun 2013 22:55

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