Although the aims of the proposed new CCD are positive, the current draft is unlikely to help to fulfil them. The regulations that are intended to protect consumers seem to work against their interests. They would not make the market more transparent or effective, increase the level of...

Many legal rules—ranging from common-law contract doctrines to modern consumer protection regulation—are designed to protect individuals from their own mistakes. Scholars have neglected a core difficulty facing such policies: we humans are a motley bunch, and we are defined in part by our...