Empirically-based regulation for consumer law: the reason for why good intentions by themselves do not carry out decent outcomes in regulation

Abstract

Consumer Law is formed by a vast array of consumer protection rules. Notwithstanding the legitimate goal to award greater protection to consumers, many rules end up having an effect contrary to the desired policy goal. The following paper, based on the “paradoxes of regulation” presented by Cass Sunstein (and in other experiences), seeks to analyze the unforeseen consequences of consumer protection rules and to show the relevance of the Economic Analysis of Law as a tool to avoid the creation of self-defeating rules.