“To Be or Not to Be an Auctioneer?” Some Thoughts on the Legal Nature of Online “eBay” Auctions and the Protection of Consumers

This paper discusses the legal classification of online “eBay” auctions. The discussion has key implications on the scope of consumer protection law as sale by auctions are, for example, excluded from the scope of the Consumer Protection (Distance Selling) Regulations 2000. The paper uncovers that online “eBay” auctions cannot always be considered as traditional auctions and that eBay, as an intermediary, is not to be considered as an auctioneer. This creates difficulties associated with a distributive application of consumer protection laws such as the Consumer Protection (Distance Selling) Regulations 2000. Another set of difficulties is associated with a lenient legal regime applicable to the liability of eBay under the Electronic Commerce (EC Directive) Regulations 2002. The paper concludes that there is an urgent need to clarify the legal classification of online auctions and to rethink the liability of online auction sites to better protect consumers.

Accommodating the Needs of iConsumers: Making Sure They Get Their Money’s Worth of Digital Entertainment

The current methods of distributing music and film on the mass-market, either off-line or on-line, raise two types of consumer protection issues. First, consumers are not always in a position to know what they can and cannot do with their digital hardware and content. A lack of proper information and the ensuing failure of the products to meet the consumer’s expectations inevitably leads to discontent. In addition, as weaker party in the transaction, consumers have often no other choice but to accept or refuse the restrictive terms of use, even if these could be regarded as unfair. This paper examines whether European law is amenable to accommodate the iConsumer’s needs, and if so, in what form.

Download of Copyright-Protected Internet Content and the Role of (Consumer) Contract Law

The software, music, and movie industries keep suggesting to consumers that if they copy digital contents they may find themselves in jail. Moreover, horrifying damage claims are in the air. The problem with these scenarios is, amongst others, that it is difficult to understand for consumers where their rights end and where illegal use of content begins. This article focuses on the contractual relationship between online content providers and consumers. It explores relevant consumer law issues and lays open the legal uncertainties of the current regimes at the European Community (EC) and national level. The article then looks at current ideas put forward by the Commission on how to regulate internet consumer law. It concludes that a sector-specific i-consumer contract law should be introduced and offers proposals related to its possible content.

Third-Degree Price Discrimination in the Presence of Asymmetric Consumption Externalities

In this paper, we consider third-degree price discrimination in two markets in the presence of asymmetric consumption externalities; we establish that under plausible conditions, a firm reduces its price in the market with low price elasticity of demand. The firm can increase its profits by reducing the price for these consumers and enlarging the demand for other consumers, provided that positive consumption externalities exist. Moreover, we show that third-degree price discrimination enhances not only the firm’s profit but also total consumer surplus.

The shipping strategies of internet retailers: Evidence from internet book retailing

Managing the shipment of goods to consumers is one of the central aspects of retail competition on the internet. In this article, we analyze internet retailers’ shipping strategies using data from the internet book retailing industry. We find that, controlling for a variety of observable firm characteristics, firms with lower product prices offer lower shipping fees and higher quality shipping in terms of average delivery time, compared to firms with higher product prices. These patterns cannot be readily reconciled with a large class of models of competition under perfect consumer information. Theories based on imperfect consumer information can explain the findings better.

Effect of credit guarantee policy on survival and performance of SMEs in Republic of Korea

This study evaluates the effect of credit guarantee on SMEs at the firm level. To estimate the effect of credit guarantee, we analyze relations between credit guarantee, the survival of guaranteed firms, and their productive performance. The result indicates that credit guarantee frequency enabled guaranteed firms to achieve good performances in general. On the contrary, the effect of guarantee amounts is ambiguous in that there is difference between the contemporary effect and the lagged effect. Therefore, we conclude that credit guarantee satisfied partially its goal to alleviate SMEs’ difficulty in acquiring finance and to stabilize employment.

Passengers,consumers, and travellers: The rise of passenger rights in EC transport law and its repercussions for Community consumer law and policy

EC transport law is set to be complemented by a series of Regulations giving rights to passengers for almost every mode of transport. These Regulations not only give transport law a distinct consumer dimension but also add new elements to European private law. This paper attempts to provide a horizontal, or intermodal, survey of these Regulations, adopted and proposed. It is argued that passenger law, although originating separately and remaining a sector distinct from other fields of law, has become part of a wider, three-stranded notion of European consumer policy deserving due attention as the force most dynamically expanding the area of Community law of contracts and of torts. The paper will point to the elements of consumer contract law and the law on travel and tourism related to passenger transport and elaborate on the basics for finding a common notion of the key terms like “passenger” and “damage” for Community law. It concludes with some points for further reflection.

Country of Origin Principle in the EU Market for Audiovisual Media Services: Consumer’s Friend or Foe?

The country of origin principle, the cornerstone of the EU Television Without Frontiers Directive – to become the Audiovisual Media Services Directive – is often criticised as being insensitive to the legitimate national public interest to protect viewers – and consumers – of audiovisual media content. This paper seeks to demystify this pessimistic perception of the country of origin rule from the perspective of the consumer interest. It demonstrates that the possible negative repercussions of the country of origin logic for consumer welfare are mitigated in three ways: by specific derogations possibilities foreseen in the Directive in case of violations of the fundamental rules on protection of minors and of human dignity; through the margin of broadcasting control left to the Member States in the areas beyond those coordinated by the Directive, and by means of a new two-step anti-circumvention procedure introduced by the new Directive.

Crime,punishment, and consumer protection

Criminal law is perhaps society’s strongest technique of formal censure. By labelling an activity as “criminal” we attach to it a special stigma. Despite this, the United Kingdom (UK) has a long history of criminalising conduct that lacks the seriousness we might expect that label to involve. One area where criminal sanctions have been commonly used in the UK is consumer protection. This article argues that it is time to reconsider the role of criminal law in consumer protection and considers how alternative regimes may better-protect the consumer from business wrongdoing.

The impact of public guarantees on credit to SMEs

This article provides an in-depth evaluation of the impact of public credit guarantees to SMEs in increasing credit availability and reducing borrowing costs, without compromising their financial sustainability. Extensive econometric tests have been carried out by comparing the performance of the SMEs that benefited from such guarantees in Italy with a sample of comparable firms. The findings confirm the presence of a causal relationship between the public guarantee and the higher debt leverage of guaranteed firms, as well as their lower debt cost. Italy’s guarantee instrument has proved to be an effective instrument in these respects.

Framing effects in mixed price bundling

In mixed price bundling, the consumer has the choice of buying the individual products separately, as part of a bundle with a discounted price, or not purchasing them at all. Framing effects refer to how the price of the bundle is presented to the consumer. Past studies have focused on perceptual measures and aggregate level results, and have only looked at a subset of different types of price framing in any one study. In this paper we use discrete choice data to investigate whether price framing affects choice in mixed price bundles. We find that the joint, integrated frame results in the highest proportion of respondents choosing the bundle and the fewest choosing “none.” When the prices of items in a bundle are itemized, some consumers are more likely to compare prices separately to their reference prices to evaluate the attractiveness of the deal, but this actually reduces the probability of purchasing the bundle. However, the majority of consumers do not use reference prices and instead follow a simple economic choice model.

Quality of past performance: Impact on consumers’ responses to service failure

The conceptual model developed in this paper for the airline industry examines the relationship between quality of past service performance and consumers’ responses to service failures (causal attributions, emotions and satisfaction). The empirical results obtained indicate that for those consumers with higher perceptions of quality the causes underlying service failures are seen as less stable and less controllable by the firm than the causes identified by consumers with lower perceptions of quality. Attributions about the failure not only influence satisfaction directly but also moderate the effect of quality on satisfaction. We also analyse the mediating effect of negative emotions on the relationship between service failure attributions and consumer satisfaction.

Integrating Consumer Rights into Copyright Law: From a European Perspective

Until recently consumers and consumer-interests have been virtually absent not only from the rules of copyright but also from copyright’s discourse. This has been so even though the combination of an expansion of copyright and a devaluation of the internal balancing mechanisms raise concern from a consumer perspective. There would, therefore, seem to be a need to incorporate a consumer perspective into copyright analysis. To integrate consumer interests in copyright law, this study recommends action aimed at two levels. On the general level it is suggested to rebalance copyright in order to recognize the interests of users on the same level as right holders. On the concrete level it is suggested to change the limitations found in copyright to ease access to reuse elements of previous works. It is also proposed to reinforce the rule on private copying and to consider measures to secure access to basic information.

Beyond Europe: The Internet, Regulation, and Multistakeholder Governance—Representing the Consumer Interest?

The “Internet,” as a global self-regulated and interconnected network of institutions driven by educational and subsequently commercial priorities, has evolved into an element within a broader “global information society.” Industry, treated benevolently by market-led governments, has created co- or self-regulatory institutions or compacts, but as consumers have eagerly embraced the broadband Internet the scheme of governance must embrace respect for the social and economic rights and responsibilities of consumers at national, European and global levels. This paper shows how existing divisions between public-sector, private-sector, and civil-society institutions and responsibilities have rapidly become eroded and it portrays the emerging agenda for “multistakeholder governance.” The involvement of the consumer on a more legitimised and consensual level than is permitted under industry-led regulation is as yet a novel approach, but this paper draws on case studies which demonstrate the salience of these issues to consumers as citizens, and it concludes by preparing an agenda for Information and Communications Technology (ICT) companies to adopt more sophisticated patterns of participatory co- and self-regulation.

The average consumer, the unfair commercial practices directive, and the cognitive revolution

This article examines the merit of the test of the average consumer as a basis for judicial and regulatory action. In the first part, we describe the origin of the test, its application in the Unfair Commercial Practices Directive and its possible developments. In the second part, we discuss the theoretical grounds of the average consumer test (i.e., information and rationality), drawing upon the studies of cognitive psychology and behavioural economics concerning consumers’ behaviour. The result of our analysis is that we call into serious question the practical workability of the test of the average consumer, which requires consumers an overly demanding standard of rationality and information without dedicating much attention to the real functioning of consumer behaviour. The average consumer may be described as an interesting, anti-paternalistic and, to some extent, useful notion. It is, however, an overly simplistic concept with little correspondence with the real world of individual consumer behaviour and should be reinterpreted more flexibly, or even abandoned to mirror consumer behaviour more effectively.

Technological advances in digital cameras: Welfare analysis on easy-to-use characteristics

This paper examines the characteristics attributed to the success of digital cameras by studying both the demand and the supply sides of the digital-camera market. A discrete choice model is employed to investigate consumer preferences over digital camera characteristics during the period 1996–1998. The empirical findings reveal that Sony’s ‘Easy-to-Use’ storage system contributes significantly to Sony’s demand advantage and profitability. Also, the welfare analysis demonstrates that ‘Easy-to-Use’ attributes significantly contribute to social welfare improvement.

Product differentiation under imperfect information: When does offering a lower quality pay?

In this paper, we extend the Varian (1980) model to examine endogenous quality differentiation by firms, with a particular emphasis on the interplay between the firms’ product quality decisions and the ensuing price rivalry. Specifically, we assume that the price-sensitive (or informed) consumers hold a lower valuation for product quality than the brand-loyal (or uninformed) consumers. It is shown that the firms will choose differentiated qualities for a broad class of consumer utility functions and production technologies. We obtain two results. First, the equilibrium quality choices are efficient as they are also the welfare-maximizing qualities chosen by a social planner. The equilibrium qualities are as if one firm serves only its loyal consumers and the other serves only the price-sensitive consumers, even though they each serve both types of consumers (at least for some fraction of time). Second, the firm choosing the lower quality makes greater profits and also prices more aggressively, in the sense that it maintains a lower maximum price and offers discounts more often. The lower-quality product is more profitable because it yields higher social surplus when consumed by the price-sensitive consumers.

Fair Trade: Dynamic and Dilemmas of a Market Oriented Global Social Movement

Fair Trade is analysed as a new economic social movement to the extent that it is based on new forms of collective action and directs its demands primarily to the market rather than to the State. In addition, it is intrinsically a global movement harnessing development goals to new market relations. It differs, however, from similar movements (organics, animal welfare) to the extent that it focuses primarily on traditional issues of redistributive justice rather than a new generation of rights and duties. Fair Trade is understood as having three components: (i) the organization of alternative trading networks; (ii) the marketing of Fair Trade labelled products through licensed conventional traders and retailers; and (iii) the campaign-based promotion of Fair Trade to change both purchasing practices and the rules of conventional trade. As a market oriented movement, Fair Trade relies crucially on the emergence of a new politicization of consumer activity comprising not only “consumer-activists” but also the State as consumer and a new layer of political consumers sensitive to issues of social justice in their daily purchasing practices.

The relationship between FSI advertising style and coupon redemption

We investigate the relationship between free-standing insert advertising style and coupon redemption. Results from two experiments indicate that the propensity to clip a coupon can be enhanced by matching ad tone (emotional vs rational) to the nature of a consumer’s primary motivation with respect to coupon usage. Moreover, this result appears to hold for consumers with both procoupon and anticoupon inclinations.