Il Regolamento UE sui rapporti P2B: le nuove regole sulla trasparenza contrattuale e gli strumenti alternativi di risoluzione delle controversie
The EU Regulation on P2B relations: the new rules on contractual transparency and alternative dispute resolution tools
Abstract
The development of new markets and the emergence of new commercial opportunities, resulting from the creation of online platforms (Amazon, Ebay, Booking, etc.) has led the European legislator to adopt Regulation (EU) 2019/1150, in order to stem the risk that providers of online intermediation services could abuse their bargaining power to unilaterally impose unfair business practices contrary to good faith on companies. The result was a very articulated discipline, essentially based on rules of transparency that also ignore the existence of a subsequent contractual relationship. The new legislation adds a further element to the protection of companies that trade via the internet because the discipline on pcs (extended by our legislator also to micro-enterprises) operates ex post, or rather to remedy situations of impropriety that have already occurred, while the P2B Regulation, through punctual transparency obligations, intends to prevent the use by online intermediation service providers of deceptive and aggressive commercial practices. From the comparison between these disciplines, important remedial differences emerge and, in particular, the Regulation also introduces mechanisms for the out-of-court settlement of disputes, such as civil and commercial mediation, whose discipline, however, presents various shadows that could make the use of this remedy.
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