Between an UBER Rock and an UBER NOT TOO Hard Place.

In this post from LaLibreCompetencia, Carlos Esguerra Cifuentes makes a compelling case on why Uber’s decision to not treat its drivers as employees does not make it vulnerable to price-fixing liability. We recommend this reading of an issue that is likely to appear in many jurisdictions in which the company operates.

Derecho y Política de Libre Competencia en América Latina

I was invited to write in this blog by Mr. Juan David Gutierrez, whom I would like to thank the opportunity and the space to express my ideas.

As a regular reader of Mr. Gutierrez blog, I came across with a very interesting post titled “Between an UBER Rock and an UBER Hard Place” written by Professor Julian Nowag. In said post, Professor Nowag argued that it could be of the best interest of Uber to be seen as the employer of the Uber drivers (the “Drivers”) in order to reduce the risk of being held responsible for price fixing in the market of taxi services.

The core of his argument is that the Uber’s price definition model could be challenged as a “hub and spoke” cartel that coordinates the prices that Drivers charge to consumers, as already happened in Canada. Therefore, Professor Nowag argues that “it…

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