September 2018 - On 26 April 2018, the European Commission published a draft Regulation on promoting fairness and transparency for business users of online intermediation services (thereafter “the Proposal”). The main aim is to bring more transparency in the relationship between businesses and online platforms (online intermediation services) where platforms’ services are used to reach end customers. The Regulation partially covers online search engines to ensure a balanced marketplace online allowing European businesses to better exploit the potential of the online platform economy.
Commercial broadcasters in Europe, as users of online intermediation services and of online search engines, view this Proposal as a welcome step forward in balancing online markets and increasing the responsibility of online services. These services have evolved and thrived thanks to a structurally inequitable regulatory framework resulting from the e-Commerce safe harbour provisions of 2000. This lack of regulatory adaptation has paved the way for undue market dominance creating a loss of competitiveness across a range of Europe’s leading sectors. European businesses and consumers are losing out.
ACT members thus welcome the Proposal as this would lead to a win-win situation for both consumers and enterprises in Europe. Yet, it remains important to see some of the provisions contained in the proposal clarified and/or strengthened.
