Shmuel Becher, ‘Unintended Consequences and the Design of Consumer Protection Legislation’

Abstract
The policy that guides consumer law strives to find the right balance between two conflicting forces. On the one hand, it seeks to intervene in the market to advance consumers’ interests and protect them. On the other hand, it aspires to avoid inefficient interventions that may impose excess hardship on businesses. Consumer law policy may influence – and be influenced by – innovation, competition and overall market efficiency. As Part I illustrates, finding the subtle balance of fair and efficient legal intervention is not an easy task. Legislation in general and consumer law legislation in particular suffers from ‘noise’ and is not an exact science. It is typically influenced by various players and driven by diverse motivations. Inevitably then, the legislative process may generate some mistakes …

Becher, Shmuel I, Unintended Consequences and the Design of Consumer Protection Legislation (January 1, 2018).

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