Consumer Protection Through Competition Law: Civil and Practical Analysis of Canadian and European Positions (notice n° 566105)
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| Language code of text/sound track or separate title | fre |
| 042 ## - AUTHENTICATION CODE | |
| Authentication code | dc |
| 100 10 - MAIN ENTRY--PERSONAL NAME | |
| Personal name | Lehaire, Benjamin |
| Relator term | author |
| 245 00 - TITLE STATEMENT | |
| Title | Consumer Protection Through Competition Law: Civil and Practical Analysis of Canadian and European Positions |
| 260 ## - PUBLICATION, DISTRIBUTION, ETC. | |
| Date of publication, distribution, etc. | 2016.<br/> |
| 500 ## - GENERAL NOTE | |
| General note | 53 |
| 520 ## - SUMMARY, ETC. | |
| Summary, etc. | Competition law contributes to protecting consumers. European competition law proves to be the link between competition law and consumer law. The single market needs protection for European consumers. Nonetheless, not all occidental countries know this link between consumer law and competition law. Canadian competition law illustrates this issue. Indeed, constitutional barriers explain this difficulty. The Canadian parliament has the legislative power to regulate trade and commerce, but also criminal law. So Canadian competition law has been taking power in the regulation of trade and in criminal law. In Canada, consumer protection is provided by the provinces that can make laws to protect consumer contracts. This power is based on the power of the Canadian provinces in civil law. The Quebec civil code and the Consumer Protection Act of this province shows this competence. There is, in Canada, a direct protection of consumers by the provinces, like in Quebec, and an indirect protection by federal competition law. For example, misleading advertising is punished under the criminal rules of competition law. Another aspect of this subject is the private enforcement of competition law. Section 36 of the competition law permits the consumer to sue a person who engages in conduct that is contrary to any provision of the criminal part of the law. The constitutional validity of this section was disputed in the Canadian Supreme Court. For the court, Section 36 was constitutional. Consequently, this section protects the consumer directly against a violation of competition law. This paper tries to identify how civil law, particularly in Quebec, can be used to improve the protection of consumers in the area of competition. Competition damages are one of the solutions that can be explored. In this context, a comparison is made with European law. Directive 2014/104 shows that consumer protection can take place in competition law. In a civil law system, such as France, the introduction of collective redress demonstrates that there may be a link between consumer law and competition law. This article finally shows that consumer protection occurs at two levels. The supranational law ensures healthy competition in the market and consumer safety. National law protects consumers in contractual relations. We find this situation in Canada and in the European Union. However, these two legal systems reconcile consumer law and competition law by the private enforcement of competition law. This article explores this new reality. |
| 690 ## - LOCAL SUBJECT ADDED ENTRY--TOPICAL TERM (OCLC, RLIN) | |
| Topical term or geographic name as entry element | civil law |
| 690 ## - LOCAL SUBJECT ADDED ENTRY--TOPICAL TERM (OCLC, RLIN) | |
| Topical term or geographic name as entry element | European Union |
| 690 ## - LOCAL SUBJECT ADDED ENTRY--TOPICAL TERM (OCLC, RLIN) | |
| Topical term or geographic name as entry element | consumer protection |
| 690 ## - LOCAL SUBJECT ADDED ENTRY--TOPICAL TERM (OCLC, RLIN) | |
| Topical term or geographic name as entry element | competition law |
| 690 ## - LOCAL SUBJECT ADDED ENTRY--TOPICAL TERM (OCLC, RLIN) | |
| Topical term or geographic name as entry element | Canada |
| 690 ## - LOCAL SUBJECT ADDED ENTRY--TOPICAL TERM (OCLC, RLIN) | |
| Topical term or geographic name as entry element | private enforcement |
| 786 0# - DATA SOURCE ENTRY | |
| Note | Revue internationale de droit économique | XXX | 3 | 2016-06-30 | p. 289-313 | 1010-8831 |
| 856 41 - ELECTRONIC LOCATION AND ACCESS | |
| Uniform Resource Identifier | <a href="https://shs.cairn.info/journal-revue-internationale-de-droit-economique-2016-3-page-289?lang=en&redirect-ssocas=7080">https://shs.cairn.info/journal-revue-internationale-de-droit-economique-2016-3-page-289?lang=en&redirect-ssocas=7080</a> |
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