ABSTRACT
This chapter covers internet auctions. The first section deals with the legal concept of internet auction. It distinguishes internet auctions from other online sales, discusses basic models of internet auctions and outlines differences between internet and physical auction. It aims to clarify whether internet auction is an auction in a legal sense. It argues that the prevailing view that internet auction is not an auction holds true regarding user-to-customer (intermediary) auctions but not regarding auctioneer-to-customer (agent) platforms. The second section refers to disadvantages of internet auction arising from digitalisation and delocalisation of internet auction. The third section covers legal relationships at internet auctions. It aims to clarify the legal nature of user agreements and the formation of the contract for sale. It argues that user agreements combine elements of brokerage and services agreements. It also argues that automatic closure of the auction is constitutive for the contract formation. The conclusion summarises the main findings of the chapter.
