Global Perspectives on Legal Challenges Posed by Ridesharing Companies : A Case Study of Uber

This book examines how regulators and policymakers from nine different countries have dealt with Uber, and initiates a legal dialogue between different jurisdictions that could potentially pave the way to a harmonized approach in regulating Uber. The case studies, conducted in Brazil, Germany, Italy, Mexico, Spain, South Africa, Turkey, the UK and the US reveal the case law and regulatory responses that have been adopted in various areas of law. Legal issues relevant to Uber include market regulation, labor law, civil liability, consumer protection, unfair competition and antitrust law. The book thus compares and contrasts the regulatory policy implications of the disruptive innovation created by Uber in the area of transport services. The book starts with a conceptual overview of the legal challenges posed by Uber and concludes with comparative findings based on the individual case studies. In addition to introducing academics and legal practitioners to the theoretical and practical legal problems they may encounter in connection with Uber, the book will especially appeal to policymakers, who can benefit from and compare the experiences of other jurisdictions. Acknowledgements 5 Contents 6 Editors and Contributors 8 1 Introduction 14 Bibliography 18 2 A Conceptual Overview of Legal Challenges Posed by Uber 19 1 Introduction 19 2 The Platform Economy: A Child of the Fourth Industrial Revolution 20 2.1 The Platform Economy 20 2.2 Impact of the Platform Economy 24 3 The Sharing Economy: Innovation, Disruption and Transformation 26 3.1 Understanding the Sharing Economy 26 3.2 The Disruptive Effects of Sharing Economy Platforms 27 4 Uber: The Emblematic Sharing Economy Company 30 5 Regulating Uber 32 5.1 Uber: Novelty and Flexibility 32 5.2 The Legal Problem with Uber’s Disruption 34 5.3 The Promises and the Perils of Self-regulation 35 6 Dealing with Uber: The Example of the EU 37 6.1 Policy Building Attempts at the EU Level 38 6.2 Judicial Response: The CJEU’s Uber Ruling 41 7 Concluding Remarks 42 References 43 3 Ridesharing Regulation in the USA 46 1 Background: U.S. Taxi Regulation Before Ridesharing 47 2 The U.S. Deregulatory Context Preceding Ridesharing 50 3 Ridesharing’s Growth 54 4 Specific Regulatory Challenges 55 4.1 Entry and Competition 55 4.2 Safety 58 4.3 Congestion 59 4.4 Employment 60 5 Conclusion and Further Issues 62 References 63 4 Deregulation of Public Transportation Services: Can Uber Accomplish the Task? 66 1 Background of Uber Services in Mexico 66 1.1 Background of Individual Public Transportation Services (Taxis) 66 1.2 TNCs and Private Transportation Services 69 2 Regulation of TNCs. The Categorization of Uber Services 70 3 Why Uber Drivers Have not Been Deemed Employees Under Mexican Law? 79 4 Why the General Disclaimer from Civil Liability Is not Enforceable Under Mexican Law? 83 5 Conclusions 90 References 92 5 Uber in Brazil: Glory and Consequence 96 1 After the Glory, Come the Consequences 96 2 The Regulatory Struggle and Its Outcome 98 3 Ride-Sharing Companies Under Brazilian Labor Law: Victory in Courts and Battles in Congress 102 4 Injuries, Damages, Harassment ... the Challenges in Establishing Clear Boundaries to Civil Liability of Uber-like Companies Under Brazilian Civil and Consumer Codes 106 5 Synopsis and Conclusions 109 References 110 6 Regulation of Uber in the UK 111 1 Introduction 111 1.1 The UK Background and the Delicate Dynamics Between Uber and Local Actors 113 2 Uber: Regulatory Issues in the UK 120 2.1 The Limits in ‘Command-and-Control’: Constraining Uber’s Ride-Booking Process in London 120 2.2 Challenging the Viability of Self-regulation: Cross-Border Hiring in the UK 123 3 Uber and Employment Law 126 4 Uber and Taxation 128 5 Uber and Liability 130 5.1 Liability in Tort 130 6 Conclusion 142 References 143 7 The Legal Framework of Uber in Spain 146 1 Introduction 146 2 General Regulatory Framework 147 2.1 Sources of Law and Competences 147 2.2 The Requirement to Hold an Administrative Authorization 148 2.3 Overview of the Conditions that Govern the Granting of VTC Authorization and the Provision of VTC Services 150 2.4 Quantitative Restrictions on the Total Number of VTC Authorizations 151 2.5 Territorial Restrictions on the Scope of VTC Authorizations 154 3 Labor Law Issues 156 3.1 Overview 156 3.2 Employment Disputes Against Uber (and Other Similar Platforms) 157 3.3 Outlook 158 4 Liability Arising from Private Law 160 4.1 The Service 160 4.2 Tortious Liability 165 5 Conclusion 167 References 168 8 The Legal Framework for Ridesharing Businesses and the Case of Uber in Germany 171 1 Introduction 171 1.1 Summary of Uber’s Activities in Germany and Court Proceedings 172 1.2 The Market for Public Transportation Services 173 2 Regulation of Personal Passenger Transportation Services Under Federal Law 174 2.1 Public Transportation Services 174 2.2 Consequences for Market Structure 177 2.3 Sanctions for Compliance Failures 178 2.4 Remedies Under German Competition Law 178 3 Countrywide Injunction Against UberPop by the Judiciary 179 3.1 UberPop Subject to Regulation 179 3.2 Uber as Operator or Aiding and Abetting 180 3.3 Constitutional Rights 180 3.4 Freedom Under EU-Treaty 181 4 Court Rulings Regarding UberBlack 181 5 Uber’s Market Reentry and Current Regulatory Issues 182 6 Labor Law Issues 184 7 Contractual Issues and Liability 185 7.1 Insurance Cover for Traffic Accidents 185 7.2 General Contractual Issues and Liability 186 8 Regulatory Changes and Lessons Learned 186 8.1 European Agenda for the Collaborative Economy 186 8.2 The Future of Uber and the Passenger Transportation Market in Germany 187 References 190 9 Über Alles or not? the Italian Perspective on the “Uber Case” 192 1 Uber and the Legal Context: Some Preliminary Remarks 192 1.1 Main Issues and Problems 192 1.2 Key Elements of Uber 193 2 The Italian Scenario: Regulatory Issues and Legal Impact 193 2.1 The Italian Legal Framework Within the European Context 193 2.2 The Italian Cases 197 2.3 Labour Law Matters 198 2.4 Tax Law and Fiscal Impact 199 2.5 Civil and Criminal Liability 202 3 Final Considerations 203 References 204 10 Disruptive Technologies and Taxi Rides in South Africa: What Is the ‘Uber’ Uproar About? 205 1 Disruptive Technologies and Uber in South Africa 205 2 Legal and Regulatory Challenges 206 2.1 Market Regulation: Public Transport and Passenger Carrying Taxi Licensing 206 2.2 Labour Law Perspectives: Uber Drivers as Employees 209 2.3 Liability 213 2.4 Uber and Anti-competitive Market Practices 229 3 Conclusion 231 References 231 11 A Legal Perspective on Uber’s Activities in Turkey 236 1 Introduction 236 2 Services Offered by Uber 237 3 Regulatory Framework for Passenger Transportation Services and Legal Challenges Faced by Uber 238 3.1 Overview of the Regulatory Framework 238 3.2 Uber’s Regulatory Challenges 240 4 Identifying Uber’s Legal Relationship with the Driver and the Passenger: What Is Uber? An Employer, a Transportation Service Provider, or Merely an Intermediary? 243 4.1 Uber: A Transportation Service Provider or an Intermediary? 244 4.2 Uber as an Employer? 244 5 Uber’s Liability for Damages Caused During the Provision of Transportation Services 245 5.1 Contractual Liability 245 5.2 Quasi-contractual Liability: Liability Based on Reliance 247 5.3 Tortious Liability 247 6 United Taxi Drivers Association and Istanbul Artisanal Chamber of Motorists Versus Uber: Is the Ride-Sharing Company an Unfair Competitor? 249 6.1 In General 249 6.2 Unfair Competition Case Against Uber in Turkey 252 6.3 Assessment of the Case 254 7 Conclusion 259 References 260 12 Policy Implications of the Comparative Findings 264 1 Introduction 264 2 Market Access Requirements and Regulatory Responses to Uber 265 3 Uber Drivers: Employees or Independent Contractors? 271 4 Consumer Protection and Uber’s Liability for Damages Occurring During Transportation 274 5 Uber’s Activities in Terms of Unfair Competitive Practices 278 6 Antitrust Claims Against Uber 279 7 Uber’s Tax Liability 281 8 Conclusion 282 References 283 13 Looking Ahead... 285 References 288 Front Matter ....Pages i-xiv Introduction (Işık Önay)....Pages 1-5 A Conceptual Overview of Legal Challenges Posed by Uber (Zeynep Ayata)....Pages 7-33 Ridesharing Regulation in the USA (James B. Speta)....Pages 35-54 Deregulation of Public Transportation Services: Can Uber Accomplish the Task? (Rosa M. Rojas Vértiz C.)....Pages 55-84 Uber in Brazil: Glory and Consequence (Paulo Doron R. de Araujo, Wanderley Fernandes, Maria Lucia Pádua Lima, Paulo C. Goldschmidt)....Pages 85-99 Regulation of Uber in the UK (Margarita Amaxopoulou, Mateja Durovic, Franciszek Lech)....Pages 101-135 The Legal Framework of Uber in Spain (Francisco de Elizalde, Fernando Pastor-Merchante)....Pages 137-161 The Legal Framework for Ridesharing Businesses and the Case of Uber in Germany (Michael Nietsch, Gregor Schott)....Pages 163-183 Über Alles or not? the Italian Perspective on the “Uber Case” (Eva R. Desana, Federico Riganti, Silvana Secinaro)....Pages 185-197 Disruptive Technologies and Taxi Rides in South Africa: What Is the ‘Uber’ Uproar About? (Sylvia Papadopoulos, Stefan van Eck)....Pages 199-229 A Legal Perspective on Uber’s Activities in Turkey (Işık Önay, Emek Toraman Çolgar)....Pages 231-258 Policy Implications of the Comparative Findings (Işık Önay, Zeynep Ayata)....Pages 259-279 Looking Ahead... (Zeynep Ayata)....Pages 281-285 "This book examines how regulators and policymakers from nine different countries have dealt with Uber, and initiates a legal dialogue between different jurisdictions that could potentially pave the way to a harmonized approach in regulating Uber. The case studies, conducted in Brazil, Germany, Italy, Mexico, Spain, South Africa, Turkey, the UK and the US reveal the case law and regulatory responses that have been adopted in various areas of law. Legal issues relevant to Uber include market regulation, labor law, civil liability, consumer protection, unfair competition and antitrust law. The book thus compares and contrasts the regulatory policy implications of the disruptive innovation created by Uber in the area of transport services"-- Provided by publisher