Las economías colaborativas en entornos digitales: transporte urbano y antitrust

Resumen

Sharing economies in digital environments that are focus on urban transportation, display nowadays a wide scope of juridical debates, due to the lack of a specific regulatory framework or the reference to pre-existing regulations to discipline them. Hence, this document will seek to address and respond to two specific issues related. The first one based on the possible range that could be generated in free competition, through the concurrence in the urban transport market, of operators that start from unequal positions. The second one —consequence of the aforementioned—, will try to clarify the implications that entails in the determination of the civil effects arising from a possible antitrust law breach. To undertake those goals, this paper will introduce the subject, through which the legal and concurrent risk that constitutes the non-existence of regulation of the analog activities of digital operators, will be exposed. Next, the objective and subjective context of the collaborative economies in digital environments will be presented and subsequently the position of the digital operators in the urban transportation market will be analyzed, considering the territorial, national and European Union impact that can be generated by virtue of his power. The document will assess the legal implications that the collusive action of the operations carried out by the digital agents of the collaborative economy linked to urban transport or the abuse of a dominant position, can generate, and that will be intertwined with the plausible exercise of damages actions in European Union members courts, from the perspective of Private International Law