Note in tema di piattaforme digitali e pratiche commerciali scorrette

The article focuses on the phenomenon of digital platform and the connected digital asymmetry between platforms and users (both professionals and consumers). After some premises regarding the user’s weakness in facing the platform, the author analyses the centrality of unfair commercial practices discipline in this area. Two hypotheses are taken into consideration: that of unfair commercial practices carried out by the platform, and that of unfair commercial practices put in place by platform’s users. In this second hypothesis, the need emerges to evaluate case by case the actual involvement of the platform, as mere ‘passive’ or instead ‘active’ hosting provider.