Obligation to contract of giant on-line platforms as essential facilities
This is the 6th webinar in the CEPRI webinar series on Platforms as Private Governance systems, focusing in particular on
‘On-line Market Places and Private Law Aspects’. The talk is entitled:
Obligation to contract of on-line platforms as essential facilities
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? This presentation covers the obligation to contract in the age of online platforms. It 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.
Bio of PhD fellow Berdien van der Donk, CEPRI, Faculty of Law, University of Copenhagen
Berdien van der Donk is a PhD fellow at CEPRI. In her dissertation she focuses on the restriction of access to legal content on large-scale online platforms. In her research, she includes the scope and limits of the freedom of contract, the normativity of user terms, the division between legal, harmful and illegal content, and the roles of online platforms in shaping the online public debate of the future. Her latest outputs cover must-carry obligations in the Netherlands, and an assessment of the CJEU’s case-law of the last 50 years on the freedom to conduct a business.
Registration: Please register here no later than 16 June 2021,13:30.
You will receive a Zoom link after you have registered.
This is 6th event of the CEPRI seminar series: Platforms as Private Governance Systems, SPRING/SUMMER 2021. See the entire list of seminars here.