The Uber case, is it a technology company or a transport company?

The ruling of the Colombian Superintendence of Industry and Commerce (SIC) is quite drastic in that it not only orders the cessation of access and the provision of the Uber intermediation service since February 1, but also ordered mobile phone operators ( as Claro, Movistar, ETB and Tigo) that “suspend the transmission, data hosting, access to telecommunications networks or the provision of any equivalent service grant" Similar cases in Argentina or Chile only led their authorities to declare the illegality of the application, but not to give block orders to telecommunications operators, he said. with the BBC.

According to Legis, the SIC ruling does not only involve Uber Colombia SAS, but Uber Technologies Inc. (USA) and Uber BV (Netherlands), considering that they all participate jointly in the “provision of individual passenger service” and in In that sense, they would incur acts of unfair competition for violation of standards and diversion of clientele in accordance with Colombian regulations. Additionally, the plaintiff's lawyer (Cotech), Mr. Nicolás Alviar, pointed out that in reality the regulation of such platforms is not entirely necessary, but what should be regulated is that the economic activity behind the application is legal and respect the legal system.

The last in obvious contrast with the expressions of Uber Colombia having requested opening for the issuance of a national standard that recognizes the category of “application-mediated collaborative mobility” that would allow Uber to complement Colombian mobility schemes, he said. Week.

Regarding the mobility scenario in Colombia, according to Weather, it is expected that both passengers and driving partners of the application migrate to other applications (Beat, Cabify, etc.). Also, a Bogota driver said that “Some drivers are planning Facebook and WhatsApp groups to communicate directly with potential customers and offer the service in a particular way".

And now, who's next? Applications such as Beat, Cabify, Didi and InDriver currently operating in Colombia could expect similar demands.

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Marilú Lazo
Bachelor in Law from the Pontifical Catholic University of Peru (PUCP). He has experience in corporate advice, as well as personal data protection and new technologies.

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