Online platforms and the obligation to contract competing services

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Online platforms and the obligation to contract competing services. / van der Donk, Berdien B E.

In: On-line Platforms as private governance systems – private law perspectives, 2021.

Research output: Contribution to journalJournal articleResearchpeer-review

Harvard

van der Donk, BBE 2021, 'Online platforms and the obligation to contract competing services', On-line Platforms as private governance systems – private law perspectives.

APA

van der Donk, B. B. E. (2021). Online platforms and the obligation to contract competing services. Manuscript in preparation.

Vancouver

van der Donk BBE. Online platforms and the obligation to contract competing services. On-line Platforms as private governance systems – private law perspectives. 2021.

Author

van der Donk, Berdien B E. / Online platforms and the obligation to contract competing services. In: On-line Platforms as private governance systems – private law perspectives. 2021.

Bibtex

@article{951cad0b540c44c888ec0ff5c0e8f145,
title = "Online platforms and the obligation to contract competing services",
abstract = "Can platform-giants be obliged to feature the products of smaller businesses on their platform, even when it would mean that these products will compete with their own products? And what role does size play in determining whether a competing player can demand access? The paper starts with a discussion on the platforms{\textquoteright} freedom of contract as a fundamental right, and the necessary justifications to limit this freedom by imposing an obligation to contract. It continues with an exploration of the essential facility doctrine established in the case-law of the CJEU. By using the antitrust investigations on Apple{\textquoteright}s App Store as a case study, it assesses to what extent this doctrine can be applied to impose an obligation to contract onto large-scale platforms in the European Union. Lastly, it will reflect on the interplay between the essential facilities doctrine and the rising {\textquoteleft}gatekeeper{\textquoteright}-debate. To do so, it will outline the current definition of a gatekeeper and reflect on the need to distinguish between a gatekeeper and an essential facility. ",
keywords = "Faculty of Law, platform regulation, online marketplaces, freedom of contract, obligation to contract, competition law, essential facilities doctrine, gatekeepers, Digital Markets Act",
author = "{van der Donk}, {Berdien B E}",
year = "2021",
language = "English",
journal = "On-line Platforms as private governance systems – private law perspectives",

}

RIS

TY - JOUR

T1 - Online platforms and the obligation to contract competing services

AU - van der Donk, Berdien B E

PY - 2021

Y1 - 2021

N2 - Can platform-giants be obliged to feature the products of smaller businesses on their platform, even when it would mean that these products will compete with their own products? And what role does size play in determining whether a competing player can demand access? The paper starts with a discussion on the platforms’ freedom of contract as a fundamental right, and the necessary justifications to limit this freedom by imposing an obligation to contract. It continues with an exploration of the essential facility doctrine established in the case-law of the CJEU. By using the antitrust investigations on Apple’s App Store as a case study, it assesses to what extent this doctrine can be applied to impose an obligation to contract onto large-scale platforms in the European Union. Lastly, it will reflect on the interplay between the essential facilities doctrine and the rising ‘gatekeeper’-debate. To do so, it will outline the current definition of a gatekeeper and reflect on the need to distinguish between a gatekeeper and an essential facility.

AB - Can platform-giants be obliged to feature the products of smaller businesses on their platform, even when it would mean that these products will compete with their own products? And what role does size play in determining whether a competing player can demand access? The paper starts with a discussion on the platforms’ freedom of contract as a fundamental right, and the necessary justifications to limit this freedom by imposing an obligation to contract. It continues with an exploration of the essential facility doctrine established in the case-law of the CJEU. By using the antitrust investigations on Apple’s App Store as a case study, it assesses to what extent this doctrine can be applied to impose an obligation to contract onto large-scale platforms in the European Union. Lastly, it will reflect on the interplay between the essential facilities doctrine and the rising ‘gatekeeper’-debate. To do so, it will outline the current definition of a gatekeeper and reflect on the need to distinguish between a gatekeeper and an essential facility.

KW - Faculty of Law

KW - platform regulation

KW - online marketplaces

KW - freedom of contract

KW - obligation to contract

KW - competition law

KW - essential facilities doctrine

KW - gatekeepers

KW - Digital Markets Act

M3 - Journal article

JO - On-line Platforms as private governance systems – private law perspectives

JF - On-line Platforms as private governance systems – private law perspectives

ER -

ID: 271874591