Improving the Regulation of Planned Obsolescence: Comparing the EU and Australian Responses from an End-User Perspective

This thesis proposes improving the regulation of planned obsolescence: harmful practices that aim to make products short-lived by, for example, making them difficult to repair. It focuses on regulatory efforts in the European Union and Australia, primarily from a demand perspective, using a comparative approach and developing a new end-user lens. This thesis argues that regulating planned obsolescence is critical for reducing the environmental harm caused by these practices, yet current regulatory efforts are inadequate. Regulation concentrates overwhelmingly on consumers, neglecting end-users of products who are not traditionally recognised as consumers but whose involvement is imperative for the success of the circular economy transition. This approach mirrors a gap in the research, which has predominantly focused on the business-to-consumer relationship. Regulatory efforts prioritise consumer law, overlooking other relevant legal areas, and are disconnected from broader efforts to curb planned obsolescence. Efforts to integrate sustainability into the existing legal framework often remain superficial. This thesis contributes actionable policy recommendations, centred on the development of an end-user lens and aimed at widening the consumer-centric focus. A holistic approach to coordinate consumer protection, intellectual property and competition law is also proposed, along with a ‘strong sustainability’ approach whereby sustainability is the prevailing value.