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European Commission Consultation on Ex Ante Regulation of Online Platforms: Is Change Coming?

In parallel to a public consultation to seek feedback from the public regarding the New Competition Tool, the European Commission (Commission) is consulting on a proposal for an ex ante regulatory instrument that would ensure that “online platform ecosystems controlled by large online platforms that benefit from significant network effects remain fair and contestable, in particular in situations where such platforms may act as gatekeepers”. This proposal stems from a range of concerns which, according to the Commission, could lead to large-scale unfair trading practices, less innovation and reduced consumer choice. Feedback on the Commission’s inception impact assessment was due on 30 June (85 opinions were collected). The period for stakeholders from public and private sectors to contribute to the Commission’s public consultation (via online questionnaires) ends on 8 September 2020. Identified Need to Regulate Large Online Platforms In its inception impact...

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Polish Competition Authority Supports UBER

On 5 May 2016, the Polish Office of Competition and Consumer Protection (UOKiK) published a position paper in which it expressed its opinion on Uber’s operations on the Polish market for transportation services. UOKiK has been monitoring and analysing the effects of the emergence of such online platforms on the Polish market and concluded that Uber (i) encourages competition, (ii) is beneficial to consumers and (iii) provides for innovative solutions. Uber’s Characteristics In performing its monitoring exercise, UOKiK identified a number of characteristics that distinguish and differentiate Uber from similar providers. In particular, the regulator noted that Uber enters into agreements with drivers who are not required to hold a taxi passenger service licence Fares are not calculated using a meter but are based on the distance travelled and time of the journey There are no automatic driver-passenger allocation systems Passenger anonymity cannot be guaranteed...

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