23 Pages Posted: 15 Mar 2017
Date Written: March 13, 2017
The key objectives of this paper are to address some of the most common misperceptions about the nature of Uber’s services, as well as to encourage a facts-based approach to the regulation of these services. Such a facts-based approach is particularly important at a time where the Court of Justice of the European Union has been asked to deliver a preliminary ruling on questions related to the legal nature of Uber’s services. Moreover, the EU seems at a cross-road with innovative, forward-looking regulations being adopted in some Member States, which allow Uber to offer its services, while ensuring that the public interest is preserved. This paper also seeks to show that Uber services do not have to be labelled as “transport services”, which they are not, to be subject to regulation. Under EU law, intermediation services can already be subject to non-discriminatory and proportionate regulatory frameworks designed to protect the public interest.
Keywords: Uber, taxi, transport, information society, intermediation platforms, European Union, competition, regulation, public interest, two-sided markets
JEL Classification: K20, K42, L51, L88
Suggested Citation: Suggested Citation
Geradin, Damien, For a Facts-Based Analysis of Uber's Activities in the EU: Addressing Some Misconceptions (March 13, 2017). Available at SSRN: https://ssrn.com/abstract=2932098