Once again platform liability: On the edge of the 'Uber' and 'Airbnb' cases
| Autor: | Nataliia Filatova-Bilous |
|---|---|
| Jazyk: | angličtina |
| Rok vydání: | 2021 |
| Předmět: |
Online platforms
Information theory Computer Networks and Communications business.industry Communication Liability Business user Customer Platform operator E-commerce Management Monitoring Policy and Law Commerce Sharing economy Q300-390 ddc:300 Platform liability Enhanced Data Rates for GSM Evolution Q350-390 business Cybernetics |
| Zdroj: | Internet Policy Review, Vol Volume 10, Iss Issue 2 (2021) |
| Popis: | Online platforms are considered as very powerful economic agents often tending to obtain oligopolistic or even monopolistic positions in the market. In this respect, the liability of platform operators has been constantly discussed among scholars. The sharpest issue in this respect is whether the platform operator may be held liable towards a platform customer for the violations caused by platform suppliers. Unfortunately, this issue has not been duly addressed yet. However, recently adopted CJEU judgements in Asociación Profesional Elite Taxi v Uber Systems Spain, SL (2017) and in Airbnb Ireland (2019) cases may be helpful in this regard. Although the mentioned judgments do not refer to liability issues directly, they still are indirectly linked to the latter. In this article I analyse the approaches provided by the Court of Justice of the European Union (CJEU) in the mentioned cases and discuss their applicability to private disputes, in particular, to disputes on the liability of platform operators. I suggest that under the current regulatory regime established by European secondary legislation these approaches may be extrapolated to liability issues. |
| Databáze: | OpenAIRE |
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