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Research paper

Le déséquilibre significatif dans les contrats commerciaux

Eva Mouial Bassilana, David Restrepo, Lorenzo Colombani

A new tool against GAFAs: Analysis of significant imbalance in commercial contracts.

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About the research

Contract imbalance as a way to scrutinise platform power.

This co-authored French article examines significant imbalance in commercial contracts as an instrument for regulating large digital platforms.

The analysis considers the Expedia case and actions involving Amazon, Apple and Google. It connects contractual clauses, jurisdiction and economic power in the legal setting of its 2018 publication.

Authors
Eva Mouial Bassilana, David Restrepo, Lorenzo Colombani
Format
Research paper
Published in
Dalloz, AJ Contrat, 2018, p. 471
Language
French
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Reading notes

Contract imbalance as a way to scrutinise platform power.

From individual terms to market relationships

The article examines how rules against significant imbalance can reach standard commercial terms used by major platforms, including unilateral contractual powers.

The international dimension

Expedia provides a starting point for considering overriding mandatory rules and their effect on international contracts. The discussion also addresses legal certainty and the uncertain reach of the doctrine at publication.