Protection and Education of Consumer Interest through Competition Laws: A Comparative Appraisal

Authors: Gurbinder Kaur

Abstract:

It is notable that due to advanced technology and trends adopted by service providers to kill competition, the concept of ‘consumer interest’ is no longer limited to a domestic extent, but it is extended to extraterritorial limits. Therefore, the focus of this research work is to examine the regulation of consumer protection at the international level and its correspondence with the domestic laws of various countries. Consumer interest is tendered by various trade practices like pricing policies, financing practices, and quality of goods and services. Nowadays, the term ‘consumer’ is not limited merely to the person who consumes the goods and avails services as an end user. In fact, every individual is a consumer, regardless of occupation, age, gender, community or religious affiliation. The term ‘consumer’ would therefore include not only the consumer of the final product but also the consumer of raw material and intermediate products. Despite apparent variation among domestic laws of various countries, the veneer is almost the same, with the emphasis on purchasing, consuming or using goods or services. Thus, the definition of ‘consumer’ is widened to those of old laws while keeping in consideration the present scenario of the victimization of consumers and their exploitation or unfair advantages taken by the trading world. Moreover, Lack of awareness, illiteracy and consumer buying behaviour, ignorant behaviour or reluctance to take the initiative to check the problem or tolerance against trade tricks and frauds are some of the reasons behind the victimization of consumers. All governments must protect consumers from fraud, unfair trade tricks and practices from within and outside of their respective countries. This paper not only evaluates the modern concept of the consumer but also analyzes the consumer behaviour, rights and liabilities of consumers along with their protection through various corresponding laws of the governments of other nations. These laws empower competition regulatory authorities to enter into a memorandum or arrangement with the prior approval of their domestic Governments, with any relevant agency of any foreign country. For the said purpose, an overview has been made about comparative and critical analyses of the working of International Organizations in the form of treaties, covenants, conventions and reports submitted by international economists, experts and jurists internationally, which are crucial parts of today’s business jurisprudence (specifically relating to the consumer interest) of developed and developing countries. After analyzing them, the researcher has made an earnest attempt to encapsulate the chronological background of consumer jurisprudence along with current situations in various countries.

Keywords: consumer interest, consumer education, trade, consumer protection