The UBER-Cartel? UBER between Labour and Competition Law

Abstract

UBER is often described as disruptive innovator. This paper examines whether the UBER model disrupts the classical competition analysis thereby creating the uber-cartel, a cartel to which the normal competition rules don’t apply. This working paper on UBER and UBER-like business models examines issues that such a model faces with regard to labour and competition law with a particular focuses on the competition law implications if UBER’s business model is not subject to labour law. The paper first describes the UBER model and the labour law questions. Then it examines the possible competition law implications of UBER and UBER-like business models. After presenting a recent antitrust court decision in the US in a pending antitrust case against UBER, the paper finally briefly explores potential ways how UBER and UBER-like can prevent antitrust liability.