Consumer Vulnerability: a Genealogy

Vulnerability has become a central concept in contemporary discussions on contract regulation and market oversight. In particular, it features prominently in the European Union’s digital market regulatory framework, where appeals to vulnerability frequently serve as justifications for intervention in horizontal market relationships. These arguments are typically grounded in the recognition that market actors are not a homogenous group; rather, they exhibit varying degrees of exposure to risks and potential harm. This paper explores the conceptual foundations of vulnerability as a distinctive category within EU consumer law. It begins by tracing the historical and theoretical roots of vulnerability in consumer protection discourse, before turning to two principal approaches to its conceptualization: (1) vulnerability as a function of static, individual characteristics of consumers, and (2) vulnerability as context-dependent, arising from particular market structures and dynamics that increase the likelihood of harm. Building on this framework, the paper offers a critical examination of the current uses of the vulnerability concept, highlighting key limitations and ambiguities that—if left unaddressed—risk undermining its effectiveness as both an analytical tool and a normative guide for policy-making. Ultimately, the paper seeks to clarify the core elements that constitute consumer vulnerability and to assess the concept’s practical and theoretical significance for the development of EU consumer law and policy.