Antitrust & Competition Policy Blog

Editor: D. Daniel Sokol
University of Florida
Levin College of Law

Friday, April 16, 2021

When Does Algorithmic Pricing Result In an Intra-Platform Anticompetitive Agreement or Concerted Practice? The Case of Uber In the Framework of EU Competition Law

When Does Algorithmic Pricing Result In an Intra-Platform Anticompetitive Agreement or Concerted Practice? The Case of Uber In the Framework of EU Competition Law

 
  • Uber argues that its drivers remain independent contractors rather than workers.

  • Following this assumption, intra-platform agreements between Uber and each of Uber drivers concerning Uber’s algorithmic pricing should be subjected to Article 101 TFEU. One may assess them as a hub-and-spoke arrangement where Uber orchestrates a horizontal price-fixing cartel of Uber drivers, or a series of vertical agreements between Uber and each Uber driver.

  • To ensure compliance with Article 101 TFEU, Uber should either recognise its drivers as workers, or adjust its pricing algorithm by allowing drivers to set the fares for their rides freely.

https://lawprofessors.typepad.com/antitrustprof_blog/2021/04/when-does-algorithmic-pricing-result-in-an-intra-platform-anticompetitive-agreement-or-concerted-pra.html

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