The present contribution discusses the impact of the COVID-19 pandemic on the platform economy and in particular on the triangular contractual relationships between online platforms, suppliers and customers. It places this discussion in the context of the ongoing debate about the future of platform regulation, including the Model Rules for Online Platforms which were recently adopted by the European Law Institute. Particular attention is given to “price gauging” for products such as face masks or sanitisers, policies to prioritise essential products on platforms selling goods, and measures undertaken by accommodation platforms to regulate pandemic-related frustration and non-performance of supplier-customer contracts. The contribution explores the legality of adopted measures. It furthermore argues that imposing a general duty of transparency and fairness on platform operators as market-shapers could help platform operators, platform users and courts as guidelines when they have to adapt to unforeseen future developments.

The COVID-19 pandemic is not only a public health emergency, but also a source of unprecedented economic disruption. Digital platforms have been affected by the pandemic in different ways. Some platforms have seen their operations disrupted, as is the case for accommodation platforms such as Airbnb, Homeaway or Booking which suffered from COVID-19 related prohibitions of travel and of providing accommodation. Others have seen a sharp upturn in business, in particular retail platforms such as Amazon and eBay which took over some of the business of high street vendors who ran out of supplies or whose shops were closed due to the pandemic.

Against this background, this contribution explores how platforms have reacted to the current crisis and what this means for the ongoing debate about the future of platform regulation. This also provides an opportunity to test the Model Rules for Online Platforms which were recently adopted by the European Law Institute. The pandemic has triggered a wide range of reactions and policy changes among platforms from measures against price gouging and misleading health claims to the prioritisation of “essential products” and adjustments to cancellation policies for travellers.

This contribution has six sections. In section 1 we will look at how online marketplaces address the widespread problem of price gouging regarding products such as face masks or hand sanitisers.