Cited by 59Sustainable Supply Chain ManagementDiverse Legal and Medical StudiesEuropean and International Contract Law

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Planned Obsolescence in the Context of a Holistic Legal Sphere and the Circular Economy

Open access
Malinauskaite, Jurgita, Erdem, Fatih Buğra·2021·Oxford Journal of Legal Studies

Abstract

Businesses may take advantage of rapid technological developments to increase sales by designing products with a short lifespan and encouraging consumers to buy a replacement more quickly than they otherwise might have to, which is commonly known as planned obsolescence. While employing a holistic approach and exploring planned obsolescence from three different angles—the demand side, supply side and environmental side—the article argues that the current measures in the fields of unfair competition and consumer protection law, competition law and environmental law are quite insufficient to deal with planned obsolescence. Therefore, there is a need for an EU measure outlawing planned obsolescence in the context of the circular economy.

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Crossref · 10.1093/ojls/gqaa061

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  • The resolutions on planned obsolescence have yet to be implemented.

    “but the resolutions have yet to be implemented”

    From Designed to break: planned obsolescence as corporate environmental crime (2022) · cites this paper as Malinauskaite & Erdem, 2021

    Section 8 describes the European Parliament’s planned-obsolescence resolution as urging action and says an EU-level definition and an independent testing mechanism are still needed. This supports the view that key proposals remained unimplemented, but the paper does not say that the resolutions as a whole had not been implemented; Section 6 notes that some related measures were already in place. The indexed passages provide no page numbers. (LLM, conf=0.78)

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  • Overall, the legal framework does not define planned obsolescence as a crime, with the exception of France, and even there ambiguously so.

    “but overall, the legal framework does not define planned obsolescence as a crime (with the exception of France, and even there, ambiguously so)”

    From Designed to break: planned obsolescence as corporate environmental crime (2022) · cites this paper as Malinauskaite & Erdem, 2021

    Section 7 says there are no EU measures directly outlawing planned obsolescence and that only France has enacted a ban; its Environmental Law subsection says France made it a criminal offence. The claim’s qualification that the French position is ambiguous is not supported: the Competition Law subsection calls France’s ban “clear” and “lucid.” No page numbers are available in our copy. (LLM, conf=0.88)

    Experimental — accuracy not yet measured
  • Planned obsolescence directly opposes the circular economy ideal.

    “In sum, planned obsolescence directly opposes the circular economy ideal”

    From Designed to break: planned obsolescence as corporate environmental crime (2022) · cites this paper as Malinauskaite & Erdem, 2021

  • Many other countries in Europe and elsewhere are concerned about planned obsolescence.

    “Many other countries in Europe and elsewhere are concerned about the issue as demonstrated by various policy and regulatory initiatives focused on warranty, consumer rights or repairs”

    From Designed to break: planned obsolescence as corporate environmental crime (2022) · cites this paper as Malinauskaite & Erdem, 2021

  • Many other countries have not legally defined planned obsolescence.

    “but have not legally defined planned obsolescence”

    From Designed to break: planned obsolescence as corporate environmental crime (2022) · cites this paper as Malinauskaite & Erdem, 2021

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Metadata

Authors
Malinauskaite, J., & Erdem, F. B.
Venue
Oxford Journal of Legal Studies
Published
2021-02-07
Volume
41
Issue
3
Pages
719-749
ISSN
  • 0143-6503 (ISSN-L)
  • 1464-3820
OpenAlex
W3127665623
Cited by
59
References
0
Citations by year
2026: 10 · 2025: 10 · 2024: 14 · 2023: 15 · 2022: 7 · 2021: 3
FWCI
8.70
Type
journal article
Language
en
Open access
Locations
  • Oxford Journal of Legal Studies (publishedVersion, cc-by)
  • Europe PMC (PubMed Central) (publishedVersion, other-oa)
  • PubMed Central (publishedVersion, cc-by)
  • PubMed (publishedVersion)
  • RePEc: Research Papers in Economics (submittedVersion)
  • Brunel University Research Archive (BURA) (Brunel University London) (submittedVersion, cc-by)
  • Vytautas Magnus University (submittedVersion)
Topics
  • Social Sciences › Business, Management and Accounting › Strategy and Management › Sustainable Supply Chain Management
  • Social Sciences › Law › Diverse Legal and Medical Studies
  • Social Sciences › Law › European and International Contract Law
Keywords
planned obsolescence, circular economy, unfair competition law, consumer protection law, competition law, environmental law, product lifetime, European Union regulation

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