Consumer autonomy - challenges from an unfair competition and human rights perspective
by Rolf H. Weber
International Journal of Public Law and Policy (IJPLAP), Vol. 3, No. 1, 2013

Abstract: The relations between unfair competition and human rights in the market activity-oriented field, which have not yet been studied in-depth, need to realise an interests' balancing test in the light of consumer autonomy, based on the assumption that a consumer as an individual also fulfils specific functions in the market and that human rights provide the liberty to make choices. A new concept would have to overcome the notion of the passive role of consumers and consequently the concept of defensive rights of consumers. Furthermore, if consumers are aware of risk assessments and precautionary measures, their autonomy can be exercised in a manner which leads to the situation that a policy shift away from protecting pure economic success to the detriment of health or safety or environmental concerns is occurring.

Online publication date: Fri, 13-Dec-2013

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