Online platforms and the occasional transport of passengers by road

ABSTRACT

This thesis analyses the market regulation and legal nature of Uber, Cabify and BlaBlaCar and the drivers registered with these platforms. It also examines questions of competition law regarding their activity. The first chapter examines the law on the occasional transport of passengers in public and private passenger cars and on intermediation in transport arising out of national and regional legislation. The second chapter determines the legal nature of the activity of these transport platforms and the drivers registered with them. The third chapter analyses the business models of the platforms through the lens of the Spanish Law on Unfair Competition (“LDC” as abbreviated in Spanish) and specifically whether article 15 of this law is being violated. The fourth and final chapter examines whether these platforms are engaging in collusive price-fixing (articles 101.1 TFUE and 1.1 LDC).