Consumer contracts diverge from the traditional paradigm of contract law in various conspicuous ways. They are pre-drafted by one party; they cannot be altered or negotiated; they are executed between unfamiliar contracting parties unequal in their market power and sophistication; they are offered...

This working paper contains the introduction and first chapter of a forthcoming book on the relationship between marketing and inequality. I argue that the dramatic rise of income inequality since 1970 has largely been caused by advances in marketing. Marketers have become better at creating and...

State Consumer Protection Acts (CPAs) were designed to supplement the Federal Trade Commission's mission of protecting consumers and are often referred to as “little-FTC Acts.” There is growing concern that enforcement under these acts is not only qualitatively different than FTC...

This paper will describe the drafting history of the Principles of the Law of Software Contracts, with particular attention to the extent of consumer and public-interest group representation in the process. The drafting process, I will argue, did not take adequate stock of problems identified in...

This paper examines the relationship between behavioral law and economics (BLE) as a policy prescription platform and its influence on the regulations emerging from the Consumer Financial Protection Bureau (CFPB). We show how these regulations are inconsistent with the intent and purpose of...

Zusammenfassung: Die Digitalisierung der Wirtschaftsbeziehungen stellt die Wettbewerbspolitik vor erhebliche Herausforderungen. Um diesen zu begegnen, soll das Gesetz gegen Wettbewerbsbeschränkungen (GWB) mit Hilfe der 9. Novelle fit gemacht werden für das digitale Zeitalter. Der vorliegende...

Commissioner Kovacic of the US Federal Trade Commission has stated that “consumer protection laws are important complements to competition policy.” According to the UK Office of Fair Trading, “[c]ompetition and consumer policy are interdependent”; together they “provide a framework for...

This article is about the relationship between antitrust and consumer protection law. Its purpose is to define each area of law, to delineate the boundary between them, to show how they interact with each other, and to show how they ultimately support one another as the two components of a...