I feel like the gig economy would have died in the crib if the taxi companies had looked at Uber and said, "Hm, yeah, there are some ways we could be doing our business better...", but rentier capitalism generally makes it easier to protect the monopoly than to make the service better.
Liss-Riordan is tired of hearing that labor laws should adapt to accommodate upstart tech companies, not the other way around: "Why should we tear apart laws that have been put in place over decades to help a $50 billion company like Uber at the expense of workers who are trying to pay their rent and feed their families?"
Uber Technologies, Inc. (“Uber”) is an innovative technology company that connects independent driver-partners and riders through its smartphone application. As a new entrant in the transportation marketplace, Uber has vastly increased options, reduced prices and improved service for millions of Americans.1 Antitrust law has long appreciated the procompetitive benefits that come along with technological innovation and new market entry. Plaintiff’s First Amended Complaint (“Amended Complaint”) nonetheless invokes that same antitrust law to attack Uber’s innovative technology and its benefits to consumers and competition. The Amended Complaint attempts this feat by continuing to allege a wildly implausible—and physically impossible—conspiracy among hundreds of thousands of independent transportation providers all across the United States (“driver-partners”), based solely on the fact that they agreed to use Uber’s pricing algorithm, and at some point in time accepted ride requests via the Uber App. This lawsuit, if allowed to proceed, would strangle innovation, decrease competition, and increase prices—defeating precisely the behavior antitrust law is designed to encourage. For this reason—and because the Amended Complaint continues to fail to state a claim under the antitrust laws—it must be dismissed.
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