Uber: A New Challenge for Regulation and Competition Law?
The rise of new software platforms presents regulators and antitrust agencies all over the world with a challenge. Should regulations adapt to the new services of the digital economy? Should competition law change its paradigm in relation to the sharing economy? Despite the growing expansion of the...
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| Format: | Article |
| Language: | English |
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Universidade Católica Editora
2017-10-01
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| Series: | Market and Competition Law Review |
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| Online Access: | https://revistas.ucp.pt/index.php/mclawreview/article/view/349 |
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| author | Margherita Colangelo Mariateresa Maggiolino |
| author_facet | Margherita Colangelo Mariateresa Maggiolino |
| author_sort | Margherita Colangelo |
| collection | DOAJ |
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The rise of new software platforms presents regulators and antitrust agencies all over the world with a challenge. Should regulations adapt to the new services of the digital economy? Should competition law change its paradigm in relation to the sharing economy? Despite the growing expansion of these services, in most countries there is still no regulatory framework addressing these problems. Uber is the most emblematic example of this phenomenon. Indeed, it is subject to a large number of ongoing lawsuits merging many issues, ranging from questions pertaining to labour law of problems connected with unfair competition laws. This article first analyses the particular business model adopted by Uber and the antitrust concerns that it could raise. In so doing, the article pays heed to the approach that antitrust authorities should take towards the complex rivalry between (regulates) incumbents and (unregulated) new entrants. The article then considers the legal nature of the services provided by Uber, i.e. whether should be considered as transport services or as services of the information society. Either way, the chosen characterisation will affect the law applied to all digital platforms. The analysis, which adopts a comparative approach, focuses on the European context where national courts are in great turnmoil and the CJEU will be issuing a preliminary ruling on the nature of Uber services.
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| format | Article |
| id | doaj-art-0f567fc9ab894de5be6bc2780d3f50c2 |
| institution | Kabale University |
| issn | 2184-0008 |
| language | English |
| publishDate | 2017-10-01 |
| publisher | Universidade Católica Editora |
| record_format | Article |
| series | Market and Competition Law Review |
| spelling | doaj-art-0f567fc9ab894de5be6bc2780d3f50c22025-01-03T01:41:37ZengUniversidade Católica EditoraMarket and Competition Law Review2184-00082017-10-011210.7559/mclawreview.2017.349Uber: A New Challenge for Regulation and Competition Law?Margherita Colangelo0Mariateresa Maggiolino1Department of Law, University of Roma Tre, 00154 Rome, ItalyDepartment of Legal Studies, Bocconi University, 20100 Milan, Italy The rise of new software platforms presents regulators and antitrust agencies all over the world with a challenge. Should regulations adapt to the new services of the digital economy? Should competition law change its paradigm in relation to the sharing economy? Despite the growing expansion of these services, in most countries there is still no regulatory framework addressing these problems. Uber is the most emblematic example of this phenomenon. Indeed, it is subject to a large number of ongoing lawsuits merging many issues, ranging from questions pertaining to labour law of problems connected with unfair competition laws. This article first analyses the particular business model adopted by Uber and the antitrust concerns that it could raise. In so doing, the article pays heed to the approach that antitrust authorities should take towards the complex rivalry between (regulates) incumbents and (unregulated) new entrants. The article then considers the legal nature of the services provided by Uber, i.e. whether should be considered as transport services or as services of the information society. Either way, the chosen characterisation will affect the law applied to all digital platforms. The analysis, which adopts a comparative approach, focuses on the European context where national courts are in great turnmoil and the CJEU will be issuing a preliminary ruling on the nature of Uber services. https://revistas.ucp.pt/index.php/mclawreview/article/view/349Sharing economyTaxi servicesUberRegulationCompetition |
| spellingShingle | Margherita Colangelo Mariateresa Maggiolino Uber: A New Challenge for Regulation and Competition Law? Market and Competition Law Review Sharing economy Taxi services Uber Regulation Competition |
| title | Uber: A New Challenge for Regulation and Competition Law? |
| title_full | Uber: A New Challenge for Regulation and Competition Law? |
| title_fullStr | Uber: A New Challenge for Regulation and Competition Law? |
| title_full_unstemmed | Uber: A New Challenge for Regulation and Competition Law? |
| title_short | Uber: A New Challenge for Regulation and Competition Law? |
| title_sort | uber a new challenge for regulation and competition law |
| topic | Sharing economy Taxi services Uber Regulation Competition |
| url | https://revistas.ucp.pt/index.php/mclawreview/article/view/349 |
| work_keys_str_mv | AT margheritacolangelo uberanewchallengeforregulationandcompetitionlaw AT mariateresamaggiolino uberanewchallengeforregulationandcompetitionlaw |