The Supervisory Authority for Industry and Commerce (SIC) has launched investigations against companies involved in operating the Uber, Didi and Cabify platforms in Colombia. The purpose of these procedures is to determine whether the investigated persons have violated the system of competition protection and unfair administrative competition by promoting the provision of transportation services in violation of the regulation of the sector and under conditions that would generate competitive advantages for the sector. Benefit from service providers associated with the platforms.
The party specified that Investigations will be carried out within the framework of an analysis of respect for the rules that protect free and fair competition.Therefore, the Competition Authority’s analysis will not focus on determining whether the platforms directly provide the transportation service, as that is not relevant to the purpose of the administrative proceedings.
Now you can follow us on our website WhatsApp channel And in Facebook.
Given this, and what may seem like the beginning of the end for this type of public service delivery, Alianza N, a consortium for applications and innovation, has called for the path to be regulation rather than persecution or prohibition.
He pointed out that the Supreme Court of Justice, in its ruling SC-370 issued at the end of 2023, indicated that “administrators of justice must be careful in examining whether the corresponding provisions respond to new problems, because the opposite will simply translate into a legal and illegal obstacle.” Reasonable viewing and enjoyment of products through information and communications technology.”
The court also reiterated this Enjoying scientific and technological progress is a human right In another section of the ruling, he reiterated that technology alone does not constitute a means of unfair competition, regarding the legal argument that Uber won against the taxi company in that case.
Given this, Alianza In CEO, José Daniel Lopez, also pointed out that this research does not occur in the abstract, but rather The fate of at least 100,000 families is at stake (Fedesarrollo, 2021) who obtain their livelihoods through mobility applications.
“Banning and/or persecuting these apps threatens the popular economy and the fight against social and economic inequality, which are the main pillars of President Petro’s government,” Lopez said.
In addition to what was mentioned above, which also It jeopardizes the freedom of choice for at least eight million Colombians who navigate through mobility appsThere are two women for every male user.
Finally, Alianza N warned that the majority of taxi drivers in Colombia find mobility apps to be an ally to their daily work, rather than a hindrance or adversary. He specified that On these affiliated platforms there are at least 230,000 registered taxi user accounts.Which demonstrates the profound coexistence between technology and taxis.
But the head of the Association of Taxi Owners and Drivers, Hugo Ospina, ruled out that it was the idea of taxi drivers to ban the use of applications. According to him, The Yellow Guild is looking for something else.
“Who said that we demand that applications be banned? And if the Supreme Court of Justice actually said that they are legal, then Congress has already issued Law No. 1753/15, Decrees No. 15/2297, Resolution 15/1079 and Resolution 16/2163. He pointed out on the X website (formerly Twitter) What was prohibited were private vehicles and motorcycles.
However, Alianza In’s CEO, José Daniel Lopez, refuted it and asked him to talk about offering the service in private vehicles and motorcycles: “Don’t talk to me about technological innovation. Be serious. They are driver partners, without health, ARL, pension. “Everyone earns more than three or four million, depending on the platforms, and they are all in Sisbén, Familias en Acción.”.
Ospina insisted that the individuals do not have offices in Colombia. Moreover, the consumer travels with vehicles without any type of insurance and with drivers who are not registered on the platform: “What is safety?” The taxi driver leader asked.
