Uber ¿El comienzo del fin de los privilegios de las plataformas?

Abstract

The important technological advances have created new economic business models that facilitate communication between peers, by means of technological platforms, where individuals can offer services or goods and another individual can purchase them. This type of business model has been called collaborative economy and the services offered by means of technological or collaborative platforms have been called information society services, which have the characteristics of being remote, by technological means, the receiver is the one who requests them and they are paid, with the advantage that they cannot be limited to a great extent unless some exceptions are met. There is a lack of regulation -anomie- on these issues has made all technological platforms like Uber, want to be governed by the regulations of the collaborative economy and the services of information societies. But, in the specific case of Uber, if it satisfies the requirements to be within the collaborative economy and provide information society services, for Uber's platform the transport service prevails, since it is the platform that creates the market and controls it, which makes this the exception to the regulation of information society services and it must be governed by the transport rules, a conclusion reached by the European Court of Justice. In Colombia, due to the first instance ruling issued by the Superintendence of Industry and Commerce (SIC), it is evident that the Uber platform is not only a mere intermediary, but it has influence in the market and, therefore, the service it provides is transportation, because it directs all its activities to provide the transportation service and it earns a percentage of the value of the transportation service.