IDEAS home Printed from https://ideas.repec.org/a/zbw/iprjir/235965.html
   My bibliography  Save this article

Once again platform liability: On the edge of the "Uber" and "Airbnb" cases

Author

Listed:
  • Filatova-Bilous, Nataliia

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.

Suggested Citation

  • Filatova-Bilous, Nataliia, 2021. "Once again platform liability: On the edge of the "Uber" and "Airbnb" cases," Internet Policy Review: Journal on Internet Regulation, Alexander von Humboldt Institute for Internet and Society (HIIG), Berlin, vol. 10(2), pages 1-27.
    • Handle: RePEc:zbw:iprjir:235965
    DOI: 10.14763/2021.2.1559
    as

    Download full text from publisher

    File URL: https://www.econstor.eu/bitstream/10419/235965/1/1764289633.pdf
    Download Restriction: no
    File URL: https://libkey.io/10.14763/2021.2.1559?utm_source=ideas
    LibKey link: if access is restricted and if your library uses this service, LibKey will redirect you to where you can use your library subscription to access this item
    ---><---

    References listed on IDEAS

    as
    1. Kevin Boudreau, 2010. "Open Platform Strategies and Innovation: Granting Access vs. Devolving Control," Management Science, INFORMS, vol. 56(10), pages 1849-1872, October.
    2. van Dijck, José & Nieborg, David & Poell, Thomas, 2019. "Reframing platform power," Internet Policy Review: Journal on Internet Regulation, Alexander von Humboldt Institute for Internet and Society (HIIG), Berlin, vol. 8(2), pages 1-18.
    3. Belk, Russell, 2014. "You are what you can access: Sharing and collaborative consumption online," Journal of Business Research, Elsevier, vol. 67(8), pages 1595-1600.
    Full references (including those not matched with items on IDEAS)

    Most related items

    These are the items that most often cite the same works as this one and are cited by the same works as this one.
    1. Christian Bartelheimer, Philipp zur Heiden, Hedda Lüttenberg, Daniel Beverungen, 2021. "Systematizing the Lexicon of Platforms in Information Systems: A Data-Driven Study," Working Papers Dissertations 79, Paderborn University, Faculty of Business Administration and Economics.
    2. Liu, He & Li, Xuerong & Wang, Shouyang, 2021. "A bibliometric analysis of 30 years of platform research: Developing the research agenda for platforms, the associated technologies and social impacts," Technological Forecasting and Social Change, Elsevier, vol. 169(C).
    3. Christian Bartelheimer & Philipp Heiden & Hedda Lüttenberg & Daniel Beverungen, 2022. "Systematizing the lexicon of platforms in information systems: a data-driven study," Electronic Markets, Springer;IIM University of St. Gallen, vol. 32(1), pages 375-396, March.
    4. Zeng, Jing, 2022. "Orchestrating ecosystem resources in a different country: Understanding the integrative capabilities of sharing economy platform multinational corporations," Journal of World Business, Elsevier, vol. 57(6).
    5. Küper, Inken & Edinger-Schons, Laura Marie, 2020. "Is sharing up for sale? Monetary exchanges in the sharing economy," Journal of Business Research, Elsevier, vol. 121(C), pages 223-234.
    6. Akeb, Hakim & Moncef, Btissam & Durand, Bruno, 2018. "Building a collaborative solution in dense urban city settings to enhance parcel delivery: An effective crowd model in Paris," Transportation Research Part E: Logistics and Transportation Review, Elsevier, vol. 119(C), pages 223-233.
    7. Ting Chi & Olabisi Adesanya & Hang Liu & Rebecca Anderson & Zihui Zhao, 2023. "Renting than Buying Apparel: U.S. Consumer Collaborative Consumption for Sustainability," Sustainability, MDPI, vol. 15(6), pages 1-16, March.
    8. Spaniol, Matthew J. & Rowland, Nicholas J., 2022. "Business ecosystems and the view from the future: The use of corporate foresight by stakeholders of the Ro-Ro shipping ecosystem in the Baltic Sea Region," Technological Forecasting and Social Change, Elsevier, vol. 184(C).
    9. Jose María Martín‐Martín & María S. Ostos‐Rey & Jose A. Salinas‐Fernández, 2019. "Why Regulation Is Needed in Emerging Markets in the Tourism Sector," American Journal of Economics and Sociology, Wiley Blackwell, vol. 78(1), pages 225-254, January.
    10. de Oliveira, Daniel Thomé & Cortimiglia, Marcelo Nogueira, 2017. "Value co-creation in web-based multisided platforms: A conceptual framework and implications for business model design," Business Horizons, Elsevier, vol. 60(6), pages 747-758.
    11. Elizabeth J. Altman & Frank Nagle & Michael L. Tushman, 2013. "Innovating Without Information Constraints: Organizations, Communities, and Innovation When Information Costs Approach Zero," Harvard Business School Working Papers 14-043, Harvard Business School, revised Sep 2014.
    12. Paolo E. Giordani & Francesco Rullani, 2020. "The Digital Revolution and COVID-19," Working Papers 06, Venice School of Management - Department of Management, Università Ca' Foscari Venezia.
    13. Heikkinen, Tiina, 2018. "An Equilibrium Framework for the Analysis of a Degrowth Society With Asymmetric Agents, Sharing and Basic Income," Ecological Economics, Elsevier, vol. 148(C), pages 43-53.
    14. Dingju Zhu, 2020. "Big Data based Research on Mechanisms of Sharing Economy Restructuring the World," Papers 2001.08926, arXiv.org.
    15. Emmanuelle Reuter, 2022. "Hybrid business models in the sharing economy: The role of business model design for managing the environmental paradox," Business Strategy and the Environment, Wiley Blackwell, vol. 31(2), pages 603-618, February.
    16. Zhan (Michael) Shi & T. S. Raghu, 2020. "An Economic Analysis of Product Recommendation in the Presence of Quality and Taste-Match Heterogeneity," Information Systems Research, INFORMS, vol. 31(2), pages 399-411, June.
    17. Lutz, Christoph & Newlands, Gemma, 2018. "Consumer segmentation within the sharing economy: The case of Airbnb," Journal of Business Research, Elsevier, vol. 88(C), pages 187-196.
    18. Joan Torrent-Sellens & Cristian Salazar-Concha & Pilar Ficapal-Cusí & Francesc Saigí-Rubió, 2021. "Using Digital Platforms to Promote Blood Donation: Motivational and Preliminary Evidence from Latin America and Spain," IJERPH, MDPI, vol. 18(8), pages 1-17, April.
    19. Myriam Ertz & Jonathan Deschênes & Emine Sarigöllü, 2021. "From User to Provider: Switching Over in the Collaborative Economy," Sustainability, MDPI, vol. 13(10), pages 1-21, May.
    20. Valeria Andreoni, 2020. "The Trap of Success: A Paradox of Scale for Sharing Economy and Degrowth," Sustainability, MDPI, vol. 12(8), pages 1-17, April.

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:zbw:iprjir:235965. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    If CitEc recognized a bibliographic reference but did not link an item in RePEc to it, you can help with this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: ZBW - Leibniz Information Centre for Economics (email available below). General contact details of provider: https://policyreview.info/ .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.