The European Parliament's Committees on Legal Affairs (JURI) and Industry (ITRE) both suggest that parity clauses that allow intermediation platforms to require their user companies not to offer more advantageous offers elsewhere should be prohibited to some extent. This is what emerges from their respective opinions, adopted on Tuesday 20 November for JURI and on 21 November for ITRE.
As a reminder, the proposed regulation requires platform intermediaries and search engines to be transparent about ranking parameters and their conditions of use (including to terminate referencing) and to strengthen the possibilities of redress for an aggrieved company. The vote of the Internal Market Committee (IMCO), responsible for the substance, is expected on 6 December, while the Competitiveness Council is expected to take a decision on 29 November (see EUROPE 12096).
Analysis of opinions
The JURI and ITRE Committees are both involved in the procedure, which means that their amendments can be put to the vote - without any obligation of result - on 6 December.
In its opinion, the Committee on Legal Affairs introduced two new provisions: an article on unfair commercial practices (Article 6a) and another on applicable jurisdiction and law (Article 13a) for which it has exclusive competence.
For its part, the Committee on Industry, Trade, Research and Energy suggests, for example, that the results of a classification that is ‘sponsored’ or that is similar to ‘advertising’ via these two designations should be clearly marked. It specifies that, if differential treatment exists, it must be ‘proportionate, transparent and not detrimental to fair competition’. Another amendment is that the text establishes a hierarchy between the internal complaints system and the mediation system, the latter being used only after the former. It also removes the provision forcing platforms to bear half of the costs resulting from mediation. The vote on the substance will take place on 6 December. (Original version in French by Sophie Petitjean)