by Maurice Nussenbaum, published in Actualité Juridique Contrats d’affaires – April 2016
The hidden side of the Internet … The Internet has revolutionised the way many markets operate by changing the way supply and demand interact. This trend is particularly evident in the proliferation of two-sided markets, which bring together, via a shared platform, different customer groups with a mutual interest in interacting. Furthermore, e-commerce, as a new distribution system, can, if misused, damage the reputation of many brands – fragile intangible assets whose reputation can be rapidly tarnished.
These new market configurations can give rise to harm that requires the implementation of appropriate assessment methods. They can affect both consumers who are victims of unfair pricing practices (overpricing) and competitors who are victims of market exclusion, and must be analysed using the three-part test: fault – direct link – harm.
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