The EU’s Proposals for Regulating B2B Relationships on Online Platforms – Transparency, Fairness and Beyond

(2018) 7 Journal of European Consumer and Markets Law (Forthcoming)

25 Pages Posted: 13 Oct 2018

Date Written: September 17, 2018

Abstract

Prompted by the recent EU proposal for a Regulation on promoting fairness and transparency for business users of online intermediation services, this contribution considers the different approaches for regulating business-to-business (B2B) relationships on online platforms and provides a critique of the EU’s proposal from two perspectives. The first is a detailed examination of the proposal, and its link with other parts of contract law. The second is a critique of the methodological approach underpinning this proposal, which focuses on the individual contractual relationships between a platform and a business supplier. Suggestions for a different approach from that of the proposal which might provide a stronger basis for dealing with online platforms will be presented in a final section of this contribution.

Keywords: online platforms, b2b, fairness, transparency, European Union, EU, coherentism, regulatory-instrumentalism

JEL Classification: K12

Suggested Citation

Twigg-Flesner, Christian, The EU’s Proposals for Regulating B2B Relationships on Online Platforms – Transparency, Fairness and Beyond (September 17, 2018). (2018) 7 Journal of European Consumer and Markets Law (Forthcoming). Available at SSRN: https://ssrn.com/abstract=3253115

Christian Twigg-Flesner (Contact Author)

University of Warwick - School of Law ( email )

Gibbet Hill Road
Coventry CV4 7AL, CV4 7AL
United Kingdom

HOME PAGE: http://https://www2.warwick.ac.uk/fac/soc/law/people/Christian_Twigg-Flesner

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