{"title":"On Contractual Power of Digital Platforms","authors":"G. Alpa","doi":"10.54648/eulr2023023","DOIUrl":null,"url":null,"abstract":"Digital markets and platforms are increasingly important in commercial life, and the way contracts are formed between users and platforms in multi-sided markets raise many important legal issues. This article interrogates the nature of multi-sided market contracting, and raises questions regarding the binding of users to standard terms, especially extensive limitations of liability. Platforms also govern the terms between supply and demand sides, many of which are standardised and not necessarily bargained for by users on the platform. This gatekeeper role should entail a heightened level of responsibility.\nDigital markets, platforms, gatekeepers, contractual formation, contractual exclusions, limitations of liability","PeriodicalId":53431,"journal":{"name":"European Business Law Review","volume":" ","pages":""},"PeriodicalIF":0.0000,"publicationDate":"2023-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"European Business Law Review","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.54648/eulr2023023","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q2","JCRName":"Social Sciences","Score":null,"Total":0}
引用次数: 0
Abstract
Digital markets and platforms are increasingly important in commercial life, and the way contracts are formed between users and platforms in multi-sided markets raise many important legal issues. This article interrogates the nature of multi-sided market contracting, and raises questions regarding the binding of users to standard terms, especially extensive limitations of liability. Platforms also govern the terms between supply and demand sides, many of which are standardised and not necessarily bargained for by users on the platform. This gatekeeper role should entail a heightened level of responsibility.
Digital markets, platforms, gatekeepers, contractual formation, contractual exclusions, limitations of liability
期刊介绍：
The mission of the European Business Law Review is to provide a forum for analysis and discussion of business law, including European Union law and the laws of the Member States and other European countries, as well as legal frameworks and issues in international and comparative contexts. The Review moves freely over the boundaries that divide the law, and covers business law, broadly defined, in public or private law, domestic, European or international law. Our topics of interest include commercial, financial, corporate, private and regulatory laws with a broadly business dimension. The Review offers current, authoritative scholarship on a wide range of issues and developments, featuring contributors providing an international as well as a European perspective. The Review is an invaluable source of current scholarship, information, practical analysis, and expert guidance for all practising lawyers, advisers, and scholars dealing with European business law on a regular basis. The Review has over 25 years established the highest scholarly standards. It distinguishes itself as open-minded, embracing interests that appeal to the scholarly, practitioner and policy-making spheres. It practices strict routines of peer review. The Review imposes no word limit on submissions, subject to the appropriateness of the word length to the subject under discussion.
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