A legal perspective on planned obsolescence

In this study, the concept of planned obsolescence is discussed in a legal perspective. Although planned obsolescence has been studied by marketers since the beginning of the 20th century, it has not been adequately analysed legally. Among different national laws, French which planned obsolescence was merely defined in Consumer Law. French Consumer Law defines planned obsolescence as all kinds of techniques that shorten the product life in order to increase product substitution. In this study, the legal nature and types of planned obsolescence are discussed, and planned obsolescence is analyzed within the scope of unfair competition, cyberspace and consumer law. In addition to the international and national legislation affecting planned obsolescence; relevant significant decisions of competition authorities were discussed in detail. Taking regulations about economic defect, informing consumers, and warranty law into account, it is concluded that current regulations merely affect the method of planned obsolescence and does not have any impact on planned obsolescence itself. Due to regulations' affect on the way how planned obsolescence are applied, companies continue their planned obsolescence strategies with different methods. Effective new rules need to be created in order to prevent planned obsolescence practices that ultimately harm the free market economy, competitors, consumers, human health and the environment. It is proposed to interpret existing legislation broadly to cover planned obsolescence until new regulations are made.