Member state interests and the EU law on unfair b2c and b2b practices

Abstract

The law against unfair business-to-consumer and business-to-business practices in the EU is an area where the interests of the European Union and those of its Member States interact rather intensively. On the one hand, the Union, as well as its Member States, strive to achieve the relevant common policy objectives. On the other, national governments are keen to preserve their authority in defining the desirable standard of competition and consumer protection. The gradual harmonisation of the law has led to an expansion of the EU’s interests, inevitably creating tensions with interests of the Member States. There are visible discrepancies between the expectations of the Member States when they agreed, by offering concessions, to the furthering of EU policy in this domain and the ultimate position taken by the EU’s interests vis-à-vis those safeguarded by the Member States. Overall it is questionable whether an appropriate balance has been established between the EU’s predominantly market-related policy goals and the complex array of national interests in the analysed field.