A Juridical ‘Theory’ of Planned Obsolescence

Posted by Social Science Research Network

A Juridical ‘Theory’ of Planned Obsolescence

By Jesús Alfonso Soto Pineda Sr. (Universidad Externado de Colombia) & María Prada Salmoral (Universidad Europea de Madrid)

Abstract:     After a presentation of the conceptual framework of planned obsolescence, the paper examines the most significant cases that have led such a strategy; from inception to the present day. The research considers the attributes that make up the strategy of built–in obsolescence relevant for ethics, and also those that provide it juridical pertinence. Thus, it analyzes the actual impact of that reality in the consumers and identifies the items inherent of planned obsolescence that could be interpreted as a deformation of the goals of the consumer protection law. In addition, the document attributes to the planned obsolescence a relevance in competition law terms, based on its ability to be a circumstantial evidence of collusive behaviour, as well as for its ability to create barriers to entry to the markets.

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