Online reviews, damage to the image and effects on competition: The TripAdvisor case
Journal title RIVISTA ITALIANA DI DIRITTO DEL TURISMO
Author/s Francesco Aversano
Publishing Year 2019 Issue 2019/25-26 Language Italian
Pages 27 P. 159-185 File size 222 KB
DOI 10.3280/DT2019-025008
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The case in question, although in the first instance, concerns the delicate and broad relationship between law and new communication tools through the web and social networks. It refers to a relevant criminal conduct - not related to defamation - regarding fake online reviews as well as scheduled personal replacements that affect consumers’ freedom of choice and fair competition. Accordingly, the judgement refers to the issue of unfair commercial practices that are not directly committed by an economic operator but by a third party. Affirming a connection between a direct or indirect improper conduct and the unduly benefit achieved becomes an essential requirement that can no longer be postponed in order to ensure an appropriate web-based communication. Moreover, it represents a reassuring perspective for both consumers and competitors by promoting a fairer digital marketplace.
Francesco Aversano, Recensioni online, danno all’immagine e riflessi sulla concorrenza: il caso TripAdvisor in "RIVISTA ITALIANA DI DIRITTO DEL TURISMO" 25-26/2019, pp 159-185, DOI: 10.3280/DT2019-025008