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The Directive On Unfair Commercial Practices: A Law And Economics Perspective, Fernando Gómez
The Directive On Unfair Commercial Practices: A Law And Economics Perspective, Fernando Gómez
Fernando Gómez Pomar
Directive 2005/29 on unfair commercial practices constitutes an ambitious attempt at building a general regulatory framework for firm actions towards consumer in the marketplace. The declared objectives of the Directive, namely consumer protection and eliminating barriers for the internal market, do not seem to provide enough support for such an overreaching legal intervention. The paper explores whether other rationales can justify the new rules and critically examines the scope and the tools to determine unfairness in commercial practices. From an efficiency perspective, Directive 2005/29, although not devoid of merit and interesting solutions, is lacking both in terms of over-optimism in …
Compensation After Termination Of Long-Term Distribution Contracts: An Economic Perspective Of Eu Law, Fernando Gómez
Compensation After Termination Of Long-Term Distribution Contracts: An Economic Perspective Of Eu Law, Fernando Gómez
Fernando Gómez Pomar
Termination and compensation after termination are two of the most relevant –albeit not the only ones- dimensions of the long-term contracts through which distribution chains are formed and structured. The EC rules that establish a regime of compensation after termination are studied in this paper, in particular, the Commercial Agents Directive. Then, compensation after termination is analysed from the economic perspective, highlighting the importance of the open-ended nature of a relationship, termination as a disciplining mechanism against non-verifiable breach of distribution contracts, the problem of specific investments and the covenants not to compete. The contrast of the examined EC rules …