The Transformation of Private Law Through Competition

This paper traces the changing role of competition and its effects on private law in three different stages of the Internal Market project: (1) the promotion of competition in the original Internal Market both via contracts (competitive contract law) and through competition among legal orders (Common European Sales Law); (2) the suspension of competition in the face of financial crisis; and (3) the revitalisation of competition in the Digital Single Market. Private law—broadly understood as regulatory private law—is being deployed to achieve competing, if not conflicting, policy goals. At this stage, it is not possible, nor would it be desirable, to provide a coherent account of these phenomena. Clear‐cut overarching values cannot be identified either. Transformation through competition is just another take on European experimentalism.     

E-Negotiations: Creating a Framework for Online Commercial Negotiations

E-Commerce, or purchasing goods or services electronically over the Internet, is having a huge impact on traditional modes of commerce. This essay provides an overview of some of the negotiation models (auctions, state-your-price buying, and person-to-computer haggling) that are being used by four firms that are leading the E-Commerce revolution. The author also considers: characteristics of consumers who are engaging in e-negotiation; matching e-negotiation models to context; the possibility of integrative negotiation in such transactions; the role of power in e-negotiation; and suggestions for business managers as they implement e-negotiation forums.