Enforcing Transnational Private Regulation

Enforcing Transnational Private Regulation

A Comparative Analysis of Advertising and Food Safety

Private Regulation series

Paul Verbruggen

Most recent studies on transnational private regulation have limited themselves to the examination of a single regime, industry or sector. This book fills a gap in the current literature, offering a rich comparative study of the institutional design of transnational private regulation in the fields of advertising and food safety.

Chapter 5: Interplay between advertising code enforcement and public enforcement

Paul Verbruggen

Subjects: law - academic, regulation and governance


The private regimes in the UK, France, Germany and the Netherlands have developed elaborate procedures to promote and ensure compliance with the advertising codes they oversee. This chapter examines the relationship these regimes have developed with public enforcement mechanisms, in particular national courts and administrative authorities (that is, independent regulatory agencies, ministerial inspectorates or local authorities) in the fields of competition, consumer protection and/or media. It compares – across the four jurisdictions – the interplay between advertising code enforcement and public enforcement, determines the conditions that enable public administrative authorities to collaborate with the private regimes and identifies the roles that courts play in the enforcement of advertising codes.

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