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2 Italian L.J. 177 (2016)
Uber and the Sharing Economy

handle is hein.journals/italj2 and id is 184 raw text is: Uber and the Sharing Economy Alessio Di Amato* Abstract Sharing economy is an economy system in which assets or services are shared between private individuals, either for free or for a fee, typically by means of the internet. It consists of two different business models. The first business model is the offering of goods or services by businesses through internet and/or mobile apps. In the second business model, business entities create a web platform where owners of goods (so called produsers) meet and conclude sharing agreements with people who want to share such goods (so called prosumers). In the latter business model produsers, with the help of business entities that organize web platforms, are competing with businesses. Such situation, which describes Uber's activity, originates doubts and legal disputes - like the one decided by the courts of Milan on spring-summer 2015 - about applicable rules to the economic relations existing among produsers, prosumers and businesses. I. The Decisions Rendered by the Court of Milan At the end of spring 2015, several radio taxi associations and taxi unions of Milan, Genoa, and Turin requested a cease and desist order against Uber from the court of Milan.' The Plaintiffs asserted that via the 'UberPop' mobile application, the California company was unfairly competing in the taxi market by enabling drivers to sell public transportation services at lower prices, without respecting the mandatory licensing requirements for professional drivers and cars. According to the Plaintiffs, an urgent decision was needed because due to the upcoming World Exposition 2015 in Milan and surrounding areas, there was a concrete risk taxi drivers could suffer considerable losses in profits. By decision rendered by the court of Milan on 25 May 2015,2 and con- * Associate Professor of Corporate Law, University of Salerno, School of Economics. 'The claim was filed against Uber international B.V., Uber international holding B.V., Uber B.V., Raiser Operations B.V., Uber Italy S.r.l. 2 L. Giove and A. Comelli, 'I1 blocco dell'app UberPop: concorrenza sleale nei confronti del servizio pubblico di taxi - I1 Commento' Diritto Industriale, III, 245-259 (2015); A. Palmieri, 'In tema di autotrasporto di persone: la vicenda di Uber Pop' Il Foro italiano, I, 2192-2194 (2015). See also D. Surdi, 'Concorrenza sleale e nuove forme di trasporto condiviso: il Tribunale di Milano inibisce UberPop ' Rivista di diritto dell'economia

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