Description
On 2 July 2015, the Court of Milan confirmed the interim injunction obtained by the Taxi Drivers Association of May 2015. Several consumers' associations joined the Taxi Drivers Association in the proceedings.
A decision by a panel ("Collegio") of the Specialised Enterprise Section ("Sezione Specializzata Impresa") of the Court of Milan (Tribunale di Milano) rejected the appeal lodged by the Uber group companies against the initial injunction.
The claimants ("Gruppo Taxi" - various taxi companies, cooperatives, individual drivers, unions, and trade associations) sought an injunction against the Uber group ("Gruppo Uber") regarding the UberPop service. Their motivation was that UberPop constituted unfair competition under Article 2598 n. 3 of the Italian Civil Code. They argued Uber organised a service equivalent to licensed taxis but used drivers who violated public transport regulations (lacking licenses, professional certificates, regulated tariffs, specific insurance etc.). This allowed Uber to gain an unfair competitive advantage by operating at significantly lower costs and prices, thereby diverting customers and causing economic harm (loss of earnings, damage to image) to the regulated taxi sector. The urgency was increased by the ongoing Expo 2015 event in Milan.
The court confirmed the ban primarily because:
Unfair Competition: UberPop operated by violating essential public transport laws (like licensing, tariffs, safety checks) that applied to taxis. This gave Uber an unlawful cost advantage, constituting unfair competition against compliant taxi operators.
Uber's Direct Role: The court rejected Uber's claim of being just a neutral app, finding it actively organised the transport service (recruiting drivers, setting price mechanisms, managing payments), making it responsible for the operation.
Public Safety Concerns: The lack of regulatory oversight for UberPop drivers and vehicles posed significant public safety risks (regarding driver suitability, vehicle condition, and insurance for commercial transport), which the court deemed paramount over arguments of consumer choice or cost savings.
Urgency: The rapid expansion of the service created an immediate risk of irreparable harm to the licensed taxi sector's market share and goodwill.
- Keywords
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sector aspects, competition, lobbying
- Actors
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Other,
Court
- Sector
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transport
- Platforms
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Uber
Sources
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On 1 March 2017, the Court of Turin banned Uber's 'Ubepop's service as it found it in breach of competition law. The ruling took into account the precautionary measures of …
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On 25 May 2015, the Court of Milan approved an interim injunction against Uber's 'UberPop' service, which matches demand for car rides with providers owning private cars. This was in …