‘Catch-me-if-you-can’ traders, mala fide traders, seek to commit fraud and aim at
substantially harming consumers without revealing their identity. They are on the
run like Frank Abagnale, Jr in the movie Catch Me if You Can (2002). Whereas the
movie character engages the spectators’ sympathy, maybe even compassion, rogue
traders and their strategic avoidance of law enforcement clearly do not. My curiosity
and disapproval were first triggered years ago when I saw the dubious advertisements
for ring tone downloads and the powerless outcry they led to. ‘Catch-me-if-you-can’
traders always find new ways to hide; the Internet is their best friend. It is therefore
the other side of the coin – the enforcement side – that I wish to contribute to with
my book. My analysis of European consumer law enforcement is consequently
carried out with a particular view to mala fide and bona fide traders. While we want
to deter the former, we have an interest in encouraging the latter.
One can look at consumer law from many different angles, one being the
economic analysis of law. Law and economics provides fruitful insights for lawyers,
economists and policymakers. Even though there is more to law than economic
efficiency, it is essential to incorporate economic insights about enforcement of
consumer protection law in the broader discussion of policy. This will improve
the quality of such a discussion and indicate lines along which long-term legal
reforms could be envisaged.
This book would not have been possible without Prof. Michael G. Faure and
Prof. Willem H. van Boom to whom I owe enormous thanks. With regard to the
country studies, I wish to thank in particular Prof. Willem H. van Boom, Prof.
Antonina Bakardjieva-Engelbrekt and Prof. Christopher Hodges for sharing their
knowledge of, respectively, the Dutch, the Swedish and the English legal systems.
I thank as well all other members of the Erasmus School of Law, who kindly
discussed my research with me and provided helpful advice. I wish to mention
Prof. Klaus Heine, Prof. Roger J. van den Bergh, Prof. Luigi A. Franzoni, Prof.
Anthony I. Ogus, Dr. Sonja Keske, Dr Louis Visscher, Dr Niels J. Philipsen and
Henriette van Dam-Lely. To the numerous interview partners from the various
countries, I also want to extend my sincere thanks for their patient help and very
interesting insights.