Legal Literature

Unfair Commercial Practices Directive, link

The author analyses the Unfair Commercial Practices Directive, its scope and its place in the body of European law. Such an analysis is a necessity in order to reach an accurate decision on how to implement the Directive into national law. The author establishes that the manner in which the European legislator envisaged the procedure of harmonization and unification of trade law bears testimony of an approach that is almost absolutely separate from otherwise interdependent fields of consumer protection law, antitrust and unfair competition law. This finding leads to the conclusion concerning the nature of the Directive, which in author’s view is a document of secondary legislation intended to regulate solely the area of consumer protection. As such, the Directive should be implemented via amendments of the Consumer Protection Act. Any other mode of transposition - especially in the form of amendments of the Protection of Competition Act - would adversely affect the coherence of the market regulatory framework.