Limits of product liability of the marketplace owners in the Russian Federation and the USA

Abstract

The paper analyzes the limits of product liability of the marketplace for the actions of sellers (performers) in both countries. Research objectives are to identify the main trends in regulating the business of marketplace owners and prepare proposals for amendments to Russian legislation in view of the foreign experience. The relevance of the study is due to the global trend to expand the limits of liability of digital platforms, as evidenced by individual legislative initiatives in recent years, as well as doctrinal studies and discussions in the media. The paper consistently analyzes the special provisions of Russian legislation on consumer protection, which determine the legal status of the owners of marketplaces. Then it reviews the most significant legal disputes in Russia and the USA reflecting the main trends in the field of defining the limits of liability of the owner of the marketplace as an intermediary and directly the seller (performer). Besides, the author identifies and substantiates the main enforcement problems of the responsibility of owners of aggregators in Russia and in the USA. In particular, the author describes the controversial decisions of Russian courts regarding the legal status of the «owner of the aggregator» in the same legal entity. The courts’ formalistic approach based on the literal content of the marketplace owner’s agreements with users is also mentioned. Finally, it is concluded that it would be fair to consolidate the subsidiary liability of the «owners of aggregators» at the legislative level.