ABSTRACT

This introduction presents an overview of key concepts covered in the subsequent chapters of this book. The book deals with the imminent questions on efficient enforcement responses, and evaluates whether economic arguments can support the shift towards more public enforcement. It examines the European reality rather than the American, and selects the particular case of consumer law enforcement, analysing mechanisms like ADR or self-regulation that Shavell did not examine in detail. Law and economics as a discipline engages in the economic analysis of the law. The selected case studies from two typical consumer law cases involve package travel and misleading advertising, one leading to considerable damage to one consumer and the other leading to trifling, but widespread damage. The book explores the context, relevance, methodology and limitations are established. It introduces the tools for the development of optimal mixes and establishes a framework for a three-stage efficiency analysis. Economic efficiency considerations meet the legal boarders of different legal enforcement branches.