84 MIZAN LAW REVIEW, Vol. 9, No.1 September 2015
well informed and stable markets to consumers. Less emphasis is thus given to
regulatory intervention. In developing market economies, however, there is the
need to follow an interventionist approach toward enhancing competition and
protecting consumers due to the existence of a high level of market failure.2 In
fact, developed or efficient market by it self may not necessarily be sufficient to
bring about consumer welfare. So, nowadays, most countries have adopted
consumer protection laws and institutions.
There is a strong nexus between competition law and consumer protection
law. The former focuses on maintaining the process of competition between
enterprises and tries to remedy behavioural and structural problems in order to
re-establish effective competition in the market the consequences of which are
higher economic efficiency, greater innovation, and consumer welfare.3
Consumer protection law, on the other hand, is concerned with the nature of
consumer transactions by trying to improve market conditions for effective
exercise of consumer choice.4 Consumer protection law addresses the failings in
individual consumer transactions to grant individual consumers remedies5. To
this end, it fills gaps that market forces leave unfille d.6 Thus, the two disciplines
focus on different market failures and offer different remedies. Yet, both aim at
maintaining well functioning competitive market that promotes consumer
welfare. The effectiveness of both laws is, inter alia, determined by the quality
of their enforcement framework.7 Therefore, maintaining both with a well
designed implementation mechanism needs due attention.
Until the enactment of integrated consumer protection law June 8, 2010,
consumer issues were addressed under different legislations such as the
manufacture or resale (See Trade Competition and Consumer Protection Proclamation
No..813/2014, article 2 (4)).
2 CUTS, Competition Policy and Consumer Policy, CUTS Discussion paper series No1,
India, May, 2003. Lack of adequate information, low level of education, existence of
infant or /and non competitive market and existence of gross consumer abuses are among
the characteristic features of dev eloping countries which affect consumer choice or rights.
3 Jaju Kanjo (2005), Recent Development of Consumer Laws in Korea, APEC Information
Paper No.6, Korea, May 2005.
4 Id., p. 5.
5 Max Huffman (2007), “Competition Law and Consumer Protection”, SMU Law Review,
Vol.6, No. 4, pp. 103-202, (Southern Methodist University).
6 Ibid, p. 103
7 Yassmine Afifi (2008), “Independence of the Egyptian Competition Authority: Assessment
and Recommendations”, Global Antitrust Review, Voi.6 No. 34, pp. 339-46. Confirming
the importance of effective enforcement framework for consumer protection, Afifi noted
that “…competition in the market will not be achieved by the mere ado ption of
competition law, i.e. the existence of a perfectly drafted competition law without its
effective enforcement is usel ess ...”