Consumer Theories of Harm

1. Introduction I. The Search for Fairness II. Origins of Theories of Harm in Competition Law III. Using Theories of Harm in Consumer Law – A Natural Evolution IV. Harnessing the Use of Economics in Consumer Law V. Contents 2. The Limitations of Consumer Law in Tackling Consumer Harm I. Introduction II. Limitations in the Use of Information as a Mainstream Transparency Approach III. Limitations of the Definition of the ‘Average Consumer’ Used as a Reference Point for Protection IV. Implementation of the ‘Average Consumer’ Standard under the Unfair Commercial Practices Legislation V. Protecting ‘Vulnerable’ and ‘Disengaged’ Consumers VI. Limitations Found in Unfair Terms Legislation VII. The Enforcement Framework in the UK 3. The Limitations of Competition Law in Tackling Consumer Harm I. Introduction II. Ex-Post Enforcement against Exploitative Abuses III. The Case for a Holistic Approach under an Ex Ante Administrative Market Regime IV. The Enforcement Framework in the UK 4. The Economic Framework Underpinning Consumer Theories of Harm I. Introduction II. Consumer Surplus III. The Economic Case for Intervention in Consumer Markets IV. Concluding Remarks 5. Archetypal Consumer Theories of Harm I. Introduction II. The Scam III. The Lemon IV. The Shock V. The Subsidy VI. Concluding Remarks 6. Applying CToHs – Case Studies I. Case Study on the CMA Market Inquiry into Retail Energy II. Case Study on Bank Current Accounts and Savings Accounts III. Case Study on Claims for Compensation in the Airline Industry IV. Case Study on Allocated Airline Seating V. Case Study on Fertility Add-Ons 7. Fairness by Design: The Introduction of a Positive Duty to Trade Fairly I. Introduction II. Justifications for Adopting a More Prescriptive Standard of Conduct for the Protection of Consumers III. Introducing a Positive Duty to Trade Fairly IV. The Impact of a General and Positive Duty to Trade Fairly V. Conclusion