Lyubov Filin, Head of the evidence-based regulation laboratory at the Gaidar Institute, explained in a commentary for Izvestia under what conditions a marketplace's combination of platform and seller functions can be considered fair practice and under what conditions it leads to abuse.
The expert confirmed that the Federal Antimonopoly Service (FAS) has identified violations of transparency principles by the largest platforms, pointing to specific problematic mechanisms. “These include tools whereby the platform effectively sets the price for the seller (”Attractive Price“), limits the ability to opt out of additional services (”Tariff Designer"), and uses a balance index that affects storage costs and forced discounts. These mechanisms create risks of infringing on the interests of entrepreneurs and distorting competition," noted Lyubov Filin.
At the same time, the expert emphasized that marketplaces are responding to the FAS's warnings and eliminating unfair practices. In particular, following the agency's warnings, the “Attractive Price” mechanism, which was recognized as violating the principles of fair interaction, was canceled.
Separately, Lyubov Filin commented on the widespread global practice of marketplaces selling their own goods. “It is not considered a violation if the principle of equal access for all sellers is observed, the promotion algorithms are transparent, and there are clear signs distinguishing the marketplace seller from other sellers,” the expert said.
As a positive example, she cited the global marketplace Amazon, which has successfully combined the functions of an intermediary and a seller for many years. “As the FAS notes, it is critically important that marketplaces do not use the internal data of third-party sellers to promote their own products and do not distort search results, otherwise there is a risk of abuse of a dominant position,” emphasized Lyubov Filin.