Market makers platforms as “false intermediary platforms” and responsible for the products or services they offer

Abstract

Two-sided digital platforms that facilitate transactions between suppliers, on the one hand, and customers, on the other, create specific markets characterized by the fact that the platform structures a triangular contractual relationship and establishes a whole series of complementary services that make their participation necessary for the celebration of the business. These platforms often present themselves as simple intermediaries that host data, but they go beyond that function of intermediaries to be true “market makers”. In line with this, they cannot benefit from the intermediary liability exemption system, and a specific liability system must be defined that responds to this central condition of the platform in conducting business.