CONFERENCE: PARIS - ECONOMY OF PLATFORMS - TWO-SIDED MARKETS - REGULATION - LEGAL CATEGORY - DUTY OF LOYALTY - CRUCIAL COMPANY

Economy of platforms: Regulating a dominant model? (Paris, 23 October 2014)

In the first contribution, Mrs. Frison-Roche considers that, as it is difficult to regulate a «two-sided market», the idea is to regulate directly the company whose power stems from its position in such a market structure. It seems simpler and therefore tempting to elevate the concept of «platform» into a legal category associated to a duty of loyalty under the supervision of the personal data Regulator. However, this does not reflect the reality of all platforms, especially in the banking sector. Therefore, it is preferable to establish a more general and abstract category: the «crucial firm». In the second contribution, Mr. Cytermann adresses the issue of the platforms’ loyalty. He examines, in particular, the principle of loyalty and the creation of a new legal category.

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. The contribution of the notion of "crucial company" to the regulation of platforms [1] Marie-Anne Frison-Roche Professor of Law, Sciences po, Paris 1. No doubt any normative system depends on the ability to name phenomena, which makes them treatable by practical tools. This is the case for "two-sided" markets. These have always existed, one need only think of the mechanism of real estate agencies or post offices, but economists have had to "invent" the idea so that it, through reflection, allows the understanding of reality as reclassified by theory. 2. The law, a practical art, proceeds in exactly the same way, through the mechanism of

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Marie-Anne Frison-Roche, Laurent Cytermann, Economy of platforms: Regulating a dominant model? (Paris, 23 October 2014), May 2015, Concurrences N° 2-2015, Art. N° 72328, www.concurrences.com

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