- Volume 10 (2015), Issue 1
- Vol. 10 (2015), No. 1
- >
- Pages 34 - 39
- pp. 34 - 39
A Thin Line between the Rationalization of Consumer Choices and Overburdening Market Participants. Are the Courts Able to Keep the Balance?
The concept of the consumer has changed in economic terms over the last few decades. The classical homo economicus was modified by behavioural economics to create a more realistic behaviour model. This significant change in economics has also had a great influence on Unfair Competition and Food Law. The average consumer is supposed to be rational. However, the effect of behavioural economics on the law and the courts applying the law gives grounds for the suspicion that the reasonable consumer, which was developed by European case law and legislation and later adopted in German case law as well as by the German legislator, is no longer the relevant consumer model. Does the influence of behavioural economics on Unfair Competition and Food Law lead to a return of the cursory consumer? This concern in the German legal literature calls for a detailed analysis of how the German and European case law implements the results delivered by an economic approach and how this implementation affects the relevant consumer model.