ACM now authorized to enforce the European Platform-to-Business Regulation

Since November 8, the Netherlands Authority for Consumers and Markets (ACM) has been authorized to enforce compliance with the European Platform-to-business Regulation (P2B Regulation). This regulation contains rules for online search engines and digital platforms such as online marketplaces and reservation and comparison sites. They must treat all businesses that offer their products or services to consumers on these platforms in a fair and predictable manner. Businesses that believe that the rules are violated on the platform that they use can file a report with ACM.

The European P2B Regulation has been in force since 2020, and contains rules that should provide more clarity regarding the conditions under which businesses are able to offer their products and services through online platforms and search engines. For example, online platforms must provide information about the handling of complaints, under what conditions a business account can be suspended, and about the ranking of search results.

Manon Leijten, Member of the Board of ACM, adds: “The P2B Regulation entered into force in 2020, so online platforms and search engines have already had to comply with this European law for quite a while now. For ACM, these past few years were characterized by educational efforts, but, from now on, ACM can really get to work, and also take enforcement action if necessary. A survey among online platforms revealed that much can still be gained when it comes to compliance with the P2B Regulation. We are therefore calling on online businesses to contact us if they suspect that platforms and search engines still do not comply with the rules. That will help us take action effectively.”

What does the P2B Regulation mean for online platforms, search engines, and online businesses?

Online businesses have become more and more dependent on online platforms and search engines such as marketplaces and booking sites for reaching consumers. This is the case when, for example, they sell products on an online platform, offer an app through an app store, or have a company website that can be found using a search engine. In order to be able to use online platforms and online search engines, online businesses must accept conditions that, in most cases, have been unilaterally determined by the providers of the online platforms or search engines. That is why it is important that these businesses are transparent about the rules that they apply to the businesses that use their services. These European rules have been laid down in the P2B Regulation, which ACM enforces.

Filing a report with ACM

Online platforms and search engines have already had to comply with the rules of the P2B Regulation for quite a while now. Now that the Dutch implementation law has come into effect, ACM is able to take enforcement action. In its Guidelines for Promoting a transparent and fair online platform economy for businesses, ACM has explained what rights online businesses have under the P2B Regulation. ACM is calling on online businesses to file reports if they believe that these rights are violated. Such reports help ACM take enforcement action effectively. Violations include situations where online platforms and search engines are insufficiently transparent about the ranking of the search results, a platform decides to remove a business without providing a clear reason, or a platform fails to be transparent about treating its own products differently than products that other businesses offer on the platform.