ABSTRACT

Enforcement of consumer law can be problematic. According to research in consumer law enforcement in law and economics, optimal enforcement mixes should be created that draw upon the strengths and weaknesses of the various enforcement systems. Findings on the optimal mixes were used as a benchmark for a discussion of comparative law and economics. The comparative law and economics analysis confirms the importance of designing an enforcement response with adequate investigative powers. The Netherlands traditionally has relied on private law enforcement and the introduction of the Consumenten Autoriteit (CA) in 2007 marked an historical change towards a stronger public law element in the law enforcement system. Overall, adding the CA to the enforcement landscape in the Netherlands has had positive effects that align with the design suggestions by providing a public law element in both types of case scenarios. Overall satisfaction and no contraindication seem to show that the public body could indeed be well integrated in the Netherlands.