ON DIGITAL PLATFORMS One practice that may also pose a risk to fair competition is the ranking23 of commercial establishments on digital platforms carried out by these online service providers, even if based on comments from non-professional, anonymous, or unverified users. It cannot be overemphasized that the transition of consumer habits to the digital environment means that even small and medium-sized enterprises increasingly depend on their exposure to digital platforms to attract customers. This makes them particularly vulnerable to unfair practices in these digital environments that they do not control. This effect is not limited to commercial enterprises engaged in direct e-commerce, but also to those for whom digital environments are merely a means of attracting customers to their physical commercial establishments. Sometimes, the main means of attracting new customers. In fact, large digital platforms have not been indifferent to these risks. According to recent news, Google announced that by 2024 alone it will have “eliminated a total of 188 million fake and misleading reviews” from Google Maps24. The issue is also addressed in the aforementioned Regulation (EU) 2019/1150 of the European Parliament and of the Council on promoting fairness and transparency for business users of online intermediation services. Recital (4) emphasizes that “the ranking of websites by providers of online search engines, including of those websites through which corporate website users offer their goods and services to consumers, has an important impact on consumer choice and the commercial success of those corporate website users.” In this regard, recital (8) states that “ appropriate incentives to promote fairness and transparency, especially as regards the ranking of corporate website users in the search results generated by online search engines.” Regulation (EU) 2019/1150 devotes Article 5 to this issue, requiring online intermediation service providers to “set out in their terms and conditions the 23 Article 2(8) of Regulation (EU) 2019/1150 of the European Parliament and of the Council defines “Ranking” as the relative importance attributed to goods or services offered through online intermediation services, or the relevance attributed to search results by online search engines as presented, organized, or communicated by online intermediation service providers or online search engine providers, respectively, regardless of the technological means used for such presentation, organization, or communication;”. This definition is reiterated in Article 2(22) of the Digital Markets Act (see footnote 23) 24 Notícia do jornal O Público, de dia 8 de abril de 2025, disponível em https://www.publico.pt/2025/04/08/ tecnologia/noticia/google-removeu-188-milhoes-criticas-falsas-google-maps-2024-2128961 [Consultado a 08/04/2025]. 576 PEDRO DIAS VENÂNCIO
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