Zeitschrift für Verbraucherpolitik

The article treats the situation in which one and the same firm within one country sells an identical product under different brand names. The major motive behind brand differentiation are presented, as well as the consumer difficulties. The position with regard to brand differentiation in the Paris Convention on Industrial Property and national trademark law is analyzed. The author finds that brand differentiation usually does not constitute a problem seen from the perspective of trademark law. The author then discusses brand differentiation as a problem of antitrust law and unfair marketing practices law. Here, Swedish law, especially the recent Alcro case on brand differentiation in the Swedish Market Court, is given major attention. The author finds a reasonable solution to be the demand ofinformation to consumers about the identity behind brand differentiation.

This article explores the potential of artificial intelligence for identifying cases where digital vendors fail to comply with legal obligations, an endeavour that can generate insights about business practices. While heated regulatory debates about online platforms and AI are currently ongoing, we can look to existing horizontal norms, especially concerning the fairness of standard terms, which can serve as a benchmark against which to assess business-to-consumer practices in light of European Union law. We argue that such an assessment can to a certain extent be automated; we thus present an AI system for the automatic detection of unfair terms in business-to-consumer contracts, a system developed as part of the CLAUDETTE project. On the basis of the dataset prepared in this project, we lay out the landscape of contract terms used in different digital consumer markets and theorize their categories, with a focus on five categories of clauses concerning (i) the limitation of liability, (ii) unilateral changes to the contract and/or service, (iii) unilateral termination of the contract, (iv) content removal, and (v) arbitration. In so doing, the paper provides empirical support for the broader claim that AI systems for the automated analysis of textual documents can offer valuable insights into the practices of online vendors and can also provide valuable help in their legal qualification. We argue that the role of technology in protecting consumers in the digital economy is critical and not sufficiently reflected in EU legislative debates.

The nationalized British Gas Corporation is required by statute to consult with its customers through the medium of regionally organzed Gas Consumers' Councils. This paper describes the work of these Councils, reports on criteria for judging the effectiveness of them, and comments of an evaluation of them conducted by Justice. The author of the paper, who is Deputy Chairman of a Regional Council, then presents his own assessment, and comments on the future of consumer representation in this industry.

The author analyses Latin American attempts at creating a Common Market in which the free circulation of goods and services is guaranteed. He is concerned with the impact upon the emerging issues of consumer protection. The most promising project of economic integration has been initiated by the 1991 Asunción Treaty in which Argentina, Brazil, Paraguay, and Uruguay participate and which has the aim of creating a Southern Common Market (MERCOSUR). The author describes the institutional mechanisms set up in order to establish MERCOSUR by the end of 1994. The safeguard clauses allowing for restrictions on trade in the interest of consumer protection follow the model of the European Communities but are not controlled by an independent Court of Justice. Therefore, harmonisation of legislation is imperative but difficult. If such harmonisation is not feasible, goods may become banned in some Member States while circulating freely in others, and marketing practices may at the same time be forbidden in some and allowed in other Member States. This could eventually endanger both integration and consumer protection.