Consultation response to Bill on P2B Regulation

On behalf of Houthoff, Albert Knigge, Isabella Wijnberg, Jurre Reus and Elselique Hoogervorst wrote a response to the consultation proposal for the Act on public supervision and enforcement of the regulation on promoting fairness and transparency for business users of online intermediation services (consultation proposal). The legislator will incorporate the European Regulation platform-to-business relations (2019/1150; P2B Regulation) into the Dutch legal system.

In the consultation proposal, the Netherlands Authority for Consumers and Markets (ACM) is given the authority to enforce the obligations imposed by the Regulation on platforms and search engines under administrative law. The proposal also provides for some aspects that are related to the possibility to bring (on behalf of business users) a collective action under the terms of the P2B Regulation.

One of the things that Houthoff points out in the consultation is that the applicability criteria formulated in the consultation proposal potentially have a high degree of extraterritorial effect and also raise questions when applied to the existing collective action system.

You can read the response from Albert Knigge, Isabella Wijnberg, Jurre Reus and Elselique Hoogervorst to the consultation proposal here. More information can be found here. Only available in Dutch.