Once Again Platform Liability: On the Edge of the 'Uber' and 'Airbnb' Cases

Filatova-Bilous, N. (2021). Once again platform liability: on the edge of the ‘Uber’ and ‘Airbnb’ cases. Internet Policy Review, 10(2)

28 Pages Posted: 11 May 2022

See all articles by Nataliia Filatova

Nataliia Filatova

civil law department; Yaroslav Mudryi National Law University

Date Written: May 2021

Abstract

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.

Keywords: Online platforms, Sharing economy, Platform operator, Business user, Customer, Platform liability, E-commerce

Suggested Citation

Filatova, Nataliia, Once Again Platform Liability: On the Edge of the 'Uber' and 'Airbnb' Cases (May 2021). Filatova-Bilous, N. (2021). Once again platform liability: on the edge of the ‘Uber’ and ‘Airbnb’ cases. Internet Policy Review, 10(2), Available at SSRN: https://ssrn.com/abstract=4087290

Nataliia Filatova (Contact Author)

civil law department ( email )

61024, Pushkins'ka St
77, Kharkiv
Kharkiv
Ukraine

Yaroslav Mudryi National Law University ( email )

61024, Pushkins'ka St
77, Kharkiv
Kharkiv
Ukraine

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