The Neglected Tension Between Disclosure of Information in Consumer and Competition Law Contexts

Consumer law and consumer lawyers may perhaps be accused of having an unduly narrow and mechanistic view of its nature and ambit. While the increased input from other discourses is changing the balance in a positive way, it is arguable that consumer lawyers have remained in some fairly recognisable ruts. One of the examples of this introspection is the failure to have a healthy dialogue with competition law, which is undoubtedly one of the most logically contiguous domains. A particular example of a neglected niche is that of the tension between disclosure of information in consumer and competition law contexts. While such gaps may seem slight, they allow some light to shine on the possible future path of consumer law. It is important to examine such contexts in order to expand the intellectual foundation of consumer law.