Antitrust and Consumer Protection from the Perspective of Behavioral Economics


2021-09-01 01:51

Feng Jinru
Journal of Xinjiang University

Abstract: The interests of consumers protected by China's anti-monopoly law are different from those in other laws, but they are not concretely elaborated in legal texts. The academic debate focuses on the division of collective interests or individual interests, economic interests or non-economic interests within the anti-monopoly law. The judicial and law enforcement practices show that the classification is insufficient in revealing differences between the anti-monopoly law and other laws in consumer protection. In fact, the anti-monopoly law examines the interests of consumers in the market from the perspective of economics, and covers the legal rights stipulated by other laws. The development of behavioral economics shows that it is necessary to incorporate consumer's systematic decision-making bias and fairness preference into the process of anti-monopoly analysis in order to more fully protect consumer interests and market competition.

Keywords: Consumer Interests, Economic Interests, Behavioral Economics, Bounded Rationality, Information Disclosure

The Chinese version appeared in Journal of Xinjiang University, 2021(07).



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