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Project

Taming ecosystem power of platforms through contract and competition law.

Online platforms have enhanced the efficiency of contract chains by reducing transaction costs and lowering entry barriers. In this way, the platform economy could have positive welfare effects for all contract chain actors. The platform's strength lies in its triple role as (i) gatekeeper to the platform, (ii) legislator of the relationships within the ecosystem and (iii) contractual actor with rights and responsibilities within the ecosystem. However, there is also evidence of possible negative welfare effects amongst retailers, service providers (especially gig workers) and customers. These problems mainly seem to be caused by the fact that the platforms' strengths result in an excess power within the ecosystem. This research aims to come to a power balancing mechanism that allows for the management of excess powers, without eliminating platform strengths and the platforms' potential welfare benefits. Current solutions ignore the shift from bilateral contracts to multistakeholderecosystem contracts, and from absolute market power to relative ecosystem-power. Literature and recently developed legal instruments especially ignore the ecosystem legislator role of platforms and how it interacts with the other roles. This project instead integrates the three aspects of platform power in one ecosystem-based legal model and aims to tackle excess power through a highly innovative holistic approach combining contract law and competition law solutions.
Date:1 Jan 2022 →  Today
Keywords:LABOUR LAW, PLATFORM ECONOMY, COMPETITION LAW, CONTRACT LAW
Disciplines:Civil law, Comparative law, Economic, commercial and financial law, European law, Law not elsewhere classified