DVOSTRUKI KVALITET PROIZVODA KAO POSEBAN OBLIK DISKRIMINACIJE POTROŠAČA

Abstract

The modern market is characterized by the existence of several phenomena that threaten the realization of basic consumer rights and require changes or amendments to the existing regulation of consumer law. One such phenomenon is the frequent practice, especially prevalent among large multinational companies, of placing well-known, recognizable ("branded") products of identical appearance but with certain differences in terms of content and structure of the product, its weight or other basic characteristics, depending on the geographic market in which they are placed. If these differences lead to different quality of a recognizable product in the markets of different countries, then we are talking about the dual quality of product. The subject of this paper is the analysis of legal mechanisms that can influence the cessation of the practice of marketing products and services of dual quality by large companies. This analysis is performed through a review of the development path of EU law regarding the practice of dual quality, with a reference to the amendment of the legal regulation on unfair business practices with the provision on dual quality of products. In the concluding remarks, the author assesses the possibility of applying the experience of EU law into Serbian law in order to suppress practices of dual quality of products.