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ACM launches market study into the Platform-to-Business Regulation

The Netherlands Authority for Consumers and Markets (ACM) will launch a study into how online platform companies deal with the rules laid down in the Platform-to-Business Regulation (P2B Regulation), and into the problems that businesses that are active in this market encounter. On online platforms, businesses are able to offer consumers their services or products, such as toys, books or meal deliveries.

The P2B Regulation contains, among other provisions, transparency obligations for online platform companies as well as rules for effective settlement of disputes. At the moment, platform companies must already comply with the rules laid down in the regulation, but efforts are currently underway to strengthen the enforcement thereof. The Dutch State Secretary for Economic Affairs and Climate Policy (EZK) has drafted a bill, which proposes to charge ACM with enforcement of compliance with the rules laid down in this regulation.

ACM will thus launch a market study in order to prepare itself for that future duty. ACM expects to complete the first part of that study in the spring of 2022. ACM will then decide whether or not it should provide more clarity regarding the rules laid down in the regulation.

“Online platforms play a key role in the economy where the process of digitalization is increasingly picking up steam”, says Manon Leijten, Member of the Board of ACM. “Such platforms offer benefits, for example because they allow businesses to serve their customers in an easy and efficient manner. As a result, successful platform companies can also become very powerful. As regulator of the digital economy, we remain vigilant that small businesses are protected against unfair commercial practices, while also keeping in mind that innovation is sufficiently stimulated.”

ACM will sit down with both platform companies as well as businesses that use online platforms in order to get as complete a picture as possible of this topic. Do you have knowledge or information about this topic, and would you like to help us with this study? Please contact us by sending us an email to info [at] acm [punt] nl.

More information

The P2B Regulation (Regulation 2019/1150 of the European Parliament and of the Council of 20 June 2019 on promoting fairness and transparency for business users of online intermediation services)