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Since the Electronic Communications Regulatory Framework of 2002
introduced competition law principles and methodologies into the
regulatory regime, the so-called Article 7 procedure has (in the
opinion of many) become no less than an impenetrable labyrinth.
National regulatory authorities are obliged to analyse markets to
identify undertakings which enjoy 'significant market power' - a
regime which has fostered troublesome and unresolved divergence
between regulators and competition authorities and left both
practitioners and academics in a particularly undefined sphere of
interpretation and action.
On 20 December 2017 and 10 April 2018 respectively, the Court of
Justice of the European Union passed two landmark cases on the
legal status of internet platform Uber. The Court established that
Uber does not merely provide an app, but rather offers a full
transport service. Without Uber there would be no market for
non-professional drivers using their own vehicles. Moreover, the
platform exercises a decisive influence over the conditions under
which drivers provide their service. These rulings address the very
core of several highly debated questions on the legal status of
online intermediaries such as Uber, Airbnb and TaskRabbit. Is
regulatory intervention needed to reap the potential benefits of
the platform economy or to mitigate the potentially negative
consequences of regulatory disruption? Can platforms be held liable
for the proper execution of services provided by others? Does
existing national regulation impose disproportionate market
restrictions on innovators? Should we rethink labour protection
aand social security to address the potential loss of social
protection of non-standard workers? How can revenue law be improved
to tackle elaborate (international) schemes to avoid direct and
indirect taxation? Emerging platforms claim to create new market
opportunities and to provide innovative solutions to improve social
welfare. Conversely, the platform economy blurs established lines
between traditional legal categories, such as business and
consumer, personal and professional, and worker and contractor.
Traditional regulation, which often focuses on balancing the
interests of two contracting parties, is now confronted with the
three-sided contractual relationship between a platform, a supplier
and a user. In this book, a panel of international legal experts
unravel the legal status of online intermediaries a thorny knot
that legislators, judges and lawyers across the globe are facing.
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