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Planned Obsolescence in the Context of a Holistic Legal Sphere and the Circular Economy
Open accessAbstract
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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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)
Experimental — accuracy not yet measuredOverall, 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 measuredPlanned 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
Sweden provides tax breaks on labour for repairs of smart phones, computers and other electronics, incentivizing longer use of planned obsolescence products.
“Sweden also provides tax breaks on labour for repairs of smart phones, computers and other electronics, incentivizing longer use of planned obsolescence products.”
From Designed to break: planned obsolescence as corporate environmental crime (2022) · cites this paper as Malinauskaite & Erdem, 2021
Section 7 discusses national responses to planned obsolescence, but the passages found do not mention a Swedish tax break for repair labour. Searches for Sweden, tax breaks, and tax deductions for electronics repairs found no passage addressing that policy; the general discussion of repairability does not verify it. (LLM, conf=0.72)
Experimental — accuracy not yet measuredIn 2017 Sweden reduced its VAT rate for repair work to bicycles, clothes and shoes from the standard 25-12% to incentivize repair rather than buying new items.
“In an attempt to stimulate the remanufacturing market, Sweden reduced their tax rate (VAT) for repair work to bicycles, clothes and shoes in 2017 from the standard 25-12% to incentivize goods to be repaired rather than for people to buy new items (Malinauskaite & Erdem, 2021).”
From Designed to break: planned obsolescence as corporate environmental crime (2022) · cites this paper as Malinauskaite & Erdem, 2021
The passages on repairability in section 6 and national approaches in section 7 do not address a Swedish VAT reduction. Searches for Sweden, VAT, and repairs to bicycles, clothes and shoes found no passage giving the claimed 2017 change or rates; page numbers are unavailable in our copy. (LLM, conf=0.72)
Experimental — accuracy not yet measured
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Designed to break: planned obsolescence as corporate environmental crime
Bisschop, L., Hendlin, Y., & Jaspers, J. (2022) · Crime Law and Social Change · doi:10.1007/s10611-022-10023-4 · Cited by 72
“In sum, planned obsolescence directly opposes the circular economy ideal, but the resolutions have yet to be implemented (Malinauskaite & Erdem, 2021).”
BackgroundInfluential
Metadata
- Authors
- Malinauskaite, J., & Erdem, F. B.
- ORCID
- Erdem, Fatih Buğra
- Venue
- Oxford Journal of Legal Studies
- Publisher
- Oxford University Press (OUP)
- Published
- 2021-02-07
- Volume
- 41
- Issue
- 3
- Pages
- 719-749
- ISSN
- 0143-6503 (ISSN-L)
- 1464-3820
- PMC
- PMC8464175
- 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
- hybrid
- doi.org
- Licence
- 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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