搜索角斗场上的Google、雅虎和微软

互联网从它诞生的那一天起就从来没有平静过,而被人称为“网络的第四桶金”搜索产业更是如此     

Consumer Law and Policy in Kenya

This contribution seeks to examine the consumer protection law and policy in Kenya with a view to understand how consumer issues, such as product safety and product liability, are addressed as well as the remedies for defective goods. It also seeks to understand the available provisions on the safety standards of consumer products, such as mobile phones, by highlighting the consumer issues that arise for mobile phone users with particular reference to the services provided by mobile network operators (MNOs) – i.e., the financial services and products – and how the consumer protection regime has addressed them. It will conclude by examining how the Kenyan consumer law has manifested itself, either by its influence on other states’ consumer laws and policies or the way(s) in which its own laws have been influenced by foreign and supranational consumer laws. References will be made with regard to the influence by the European Commission (EC) Product Safety Directive, the EC Product Liability Directive, the EC Consumer Sales Directive and the EC Unfair Commercial Practices Directive. Furthermore, this contribution will highlight the challenges encountered with respect to the achievement of a consumer protection regime in Kenya, as a result of the fragmentation of the law and policies.     

Consumer Law and Policy in Ghana

This paper presents a picture of the landscape of consumer law and policy in Ghana and reviews the scope of protection of consumer interests with specific regard to product safety and liability, consumer sales, and telecommunication services. It assesses the legislative and policy framework on consumer contracts, product safety, and unfair commercial practices; discusses the role of national agencies in enforcing safety standards; and highlights some critical consumer issues in telecommunications service delivery. The paper examines the regulatory framework on other consumer issues such as advertising, labelling, and marketing of consumer products; terms and conditions of consumer contracts; and after sales services including the enforcement of guarantees, warranties, refund, and return policies. The paper also discusses the extent of external influence on the development of consumer law and policy in Ghana and reviews the level of interaction with other legal systems and supranational bodies in the three focal areas. The contribution also explores areas of Ghana’s consumer protection framework which could benefit from guidance from the EU transnational model on consumer protection and makes recommendations for the enhancement of the emerging legislative and policy regime on consumer protection in Ghana.     

Chilean Consumer Law and Policy: A Brief Outlook

Journal of Consumer Policy - Chilean consumer law and policy has a short but enthralling history. As compared with other jurisdictions such as EU countries, its bedrock is still in formation,...     

Informationally Imperfect Consumer Markets: Empirical Findings and Policy Implications

A local consumer market is informationally imperfect and welfare-reducing to the extent that it is characterized by extensive price dispersion unexplained by utility-conferring properties of the product. This article reports a study to ascertain the extent of informational imperfections for 17 representative products in Syracuse, New York. Except for food, most products exhibited extensive and welfare-reducing price dispersion. The article also reports on a pilot investigation of consumers' perceptions, finding them to be mostly inaccurate (except for food) and typically underestimated. The study findings suggest that consumers are both victims of and contributors to informationally imperfect markets. The paper concludes with a discussion of policy implications.     

Dissemination of Consumer Law and Policy in Brazil: The Impact of EU Law

Journal of Consumer Policy - This paper analyses the influence of European Law on Brazilian Consumer Law. It starts by describing the general features of Brazilian Consumer Protection law,...     

Dissemination of Consumer Law and Policy in South Africa

This article considers to what extent some important areas of South African consumer law have been influenced by the laws of international bodies, other countries or regional bodies or, in turn, influenced other laws in Southern Africa and beyond. It focuses on rules on product safety, product liability, remedies for defective quality of goods, some basic rules on unfair commercial practices and various aspects of consumer law relating to the use of mobile phones by South African consumers. The main piece of legislation considered is the Consumer Protection Act 68 of 2008 (“CPA”), which came into force in 2011. The article considers whether aspects of this legislation were influenced by the EC Product Safety Directive, EC Product Liability Directive, EC Consumer Sales Directive, EC Unfair Commercial Practices Directive and EC Directive on Misleading and Comparative Marketing. It shows how the relevant provisions of the CPA influenced the laws of some African countries. The article also considers various issues faced by consumers in the mobile phone sector, including defective handsets, defective services, the high cost of mobile calls and data, the lapsing of “unused” data after short periods, data “disappearing” faster than expected, unfair contract terms, unsolicited marketing and the complexity of mobile phone contracts, which leads consumers to overestimate or underestimate their future usage, therefore paying too much because they are on an ill-suited plan. Conclusion of agreements via mobile phones, marketing of additional services like ringtones and apps and unsolicited marketing via mobile phones are also considered. Some complaints regarding the use of mobile phones should be better provided for in legislation, and enforcement of consumer rights in this sector could be improved.     

Consumer Perceptions and Pricing Practices for Weddings

Journal of Consumer Policy - Weddings represent a specific consumption experience with unusual pressures (financial and emotional). Societal pressures of perfection and the experience itself,...     

Consumer Law and the Environment: From Consumer to Citizen

This paper addresses the question of the relationship between consumer law and the protection of the environment. In contradiction to those who see the goals of consumer protection and environmental protection as being close to each other, this paper presents the relationship as one of conflict rather than one of harmony. Consumer law as an expression of the consumer society promotes goals which sometimes run counter to the environmental interest. This clearly comes to the fore when analysing the main consumer rights and their relationship to environmental issues. However, despite this basic incompatibility, the book of consumer law also contains some small stories of environmentally constructive behaviour. The telling of these good stories would require us to transcend the boundaries of traditional consumer law and to replace "the consumer" by "the citizen" who is interested not only in his own consumption but in all aspects of social life. In support of this development certain consumer law measures can be used to raise the awareness of consumers regarding environmental issues.     

Correlates of Consumer Information Search for Professional Services

No abstract available for this article.     

Media Mergers with Preference Externalities and Their Implications for Content Diversity,Consumer Welfare,and Policy

One of the primary concerns regarding media mergers involves their potential adverse effect on content/viewpoint diversity. This paper presents a formal treatment of the influence that within-group consumer preference externalities over media content have on a media outlet’s incentive to engage in product repositioning both before and after merging with another media outlet. We first present a model of consumer behavior under preference externalities and derive aggregate consumer expenditure functions for media output. It is shown that even assuming the merged entity sets a uniform price and content mix across market areas, the relative access to some minority (majority) group subscribers will increase (decrease) post-merger (and vice versa). We derive sufficient conditions under which the merged entity will in fact have an incentive to homogenize its post-merger price/content mix. And while the post-merger repositioning effects arguably suggest the consumer welfare implications of such mergers are ambiguous a priori, it is posited that the observed idiosyncratic preferences for media content among demographic groups may translate into significant losses to consumer welfare in some instances and may also adversely affect some individuals’ participation in civil affairs, such as voting. Finally, the relation of the model to previous empirical work on media mergers and diversity, and the potential for non-traditional policy interventions to offset the competitive harms of such transactions, are also discussed.     

Unequal Pricing in the Information Economy: Implications for Consumer Welfare

This article presents an economic analysis of information good pricing and consumer welfare, and discusses the implications of price discrimination in the information economy. It argues that network externalities, coupled with information asymmetry, enable a dominant marketer to price unequally, extracting late adopters surplus to compensate for the loss from early adopters. In the short term, the minority early adopters benefit by paying less, but in the long term, the majority late adopters suffer by paying more. Considering that late adopters are likely to be at a disadvantage in resources, this discriminatory pricing amounts to the poor subsidizing the rich. Based on this analysis, implications for consumer welfare are discussed.     

Consumer dissatisfaction — Search for causes and alleviation outside the marketplace

This paper is an attempt to provide a theoretical basis for the design of new, more effective, directions for institutions and consumer leaders whose goal is the alleviation of today's widespread dissatisfaction among consumers. In contrast to the common assumption that consumer dissatisfaction is caused by inequalities and imperfections in the marketplace, the author introduces, and defends by use of the framework of E. R. G. theory, the concept that a large portion of the dissatisfaction experienced and expressed by an individual in the area of material consumption reflects his dissatisfaction with need fulfillment at the higher level of interpersonal relationships. The new concept suggests that the most effective route to greater satisfaction among consumers is not likely to be found in increased consumption opportunities through higher incomes and/or better deals in a more perfect marketplace, but in improved satisfaction of relatedness needs.

---

Zusammenfassung Der Beitrag versucht, einen neuen Ansatz zur Verringerung der Unzufriedenheit von Verbrauchern theoretisch zu begründen. Im Gegensatz zu der sonst üblichen Annahme, daß Verbraucherunzufriedenheit auf Unzulänglichkeiten von Produkten und Märkten zurückgeht, wird hier die Auffassung vertreten, daß sie weitgehend auf unzureichender Befriedigung von Bedürfnissen nach zwischenmenschlichen Beziehungen beruht. Diese Auffassung wird bedürfnistheoretisch (mit der E. R. G.-Theorie) abgeleitet. Sie legt nahe, daß höhere Zufriedenheit von Verbrauchern nicht so sehr durch bessere Marktbedingungen, bessere Produkte oder höhere Einkommen erreicht werden kann, als vielmehr durch verbesserte Möglichkeiten zur Befriedigung von zwischenmenschlichen Beziehungen.

---

---

Gerhard W. H. Scherf is an Associate Professor at University of Guelph, Department of Consumer Studies, Guelph, Ontario, Canada N1G 2 W1.     

Economics of Consumer Protection: Contributions and Challenges in Estimating Consumer Injury and Evaluating Consumer Protection Policy

Journal of Consumer Policy - The author examines the role of economics in consumer protection, drawing from her experience at the U. S. Federal Trade Commission (FTC), which has a dual mandate to...     

欧盟消费者法对商业创新的法律影响力评析

欧盟主要施行的消费者法和相关指令强调的是不仅保护消费者也鼓励竞争和支持创新。法律在竞争性的市场中应为消费者的保护提供一个基本的框架,即"授权"给消费者,让消费者愿意也能够在市场上对商品和服务进行选择,并且根据对商品和服务的质量和安全性的合理预期而确立起足够充分的消费者信心,而其中消费者法对实现这样的目标应该起到基础和关键性的作用。     

The Action Plan on European Contract Law: Perspectives for the Future of European Contract Law and EC Consumer Law

The European Commission's Action Plan on European Contract Law is the follow-up to the Communication of July 2001. It reveals the conclusions of the Commission and proposes a mix of regulatory and non-regulatory measures aimed at removing obstacles to the smooth functioning of the internal market and ensuring the uniform application of EC law. These measures are (a) the improvement of the acquis through the elaboration of a common frame reference containing common rules and terminology, (b) promotion of the use of standard terms for cross-border contracts, and (c) further reflection on an optional horizontal instrument in the field. This article will undertake a general discussion of the likely impact of the measures on the future of EC consumer law and European contract law, and treat certain questions relating to the conflict of laws. It is also hoped that the article will acquaint the new reader with some of the (mainly) recent discussions in English and French on the subject matter from different jurisdictions.     

消费者增权理论与我国消费者权益保护法的完善

消费者增权理论是近年来西方社会科学领域关注的热点问题之一,在消费者增权理论中,信息供给型增权和制度供给型增权是两种主要模式。我国现阶段的消费模式和消费者权益保护实践表明,制度供给型消费者增权可以更好地保护消费者利益。所以,从消费者增权理论出发,完善消费者权益保护法律体系,是增进消费者利益保护和实现消费和谐的重要举措。