Our analysis wants to point out the steps for the integration of the newcoming technology mobility services (TMS) in the italian legal framework in the last years and the Autority's proposal (AGCM).
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Uber: The Italian Case
1.
2. Introduction to the “Framework law on non-scheduled public road passenger
transport services” (N.21 15 January 1992)
Evolution of the legal competitive environment
The new operators in the sharing economy
The Authority’s proposals
Conclusions
3. TAXI C&DH TMS
Non-scheduled road transport passenger services:
taxi, car-and-driver hire (C&DH) and technology mobility services (TMS)
4. Taxi
C&DH
Characteristics of the traditional operators according to the Framework law
on non-scheduled public road passenger transport services
(N.21 15 January 1992)
• license issued at municipal level
• fixed tariffs and impossibility to practice
discounts
• legal form of enterprise is not allowed
• authorization required
• legal form of enterprise is allowed
• compulsory depot return and reservation (art. 3 e
11, comma 4 legge 21/92 )
5. Introduction to the “Framework law on non-scheduled public road passenger
transport services” (N.21 15 January 1992)
Evolution of the legal competitive environment
The new operators in the sharing economy
The Authority’s proposals
Conclusions
6. 1992
2008
2010
2013
2015
“Framework Law on non-scheduled public road passenger transport services”
✓ Taxi as a public service duty of performance, widespread availability, fixed tariffs, local service
✓ NCC, not a public service not subjected to public service duties
“Decree-Law No. 2007 / December 30th 2008”
✓ Restrictions to NCC service compulsory depot return and reservation
✓ Restrictions declared anticompetitive from the Authority in 2009, causing it’s suspension till March 2010
“Decree-Law No 40 / March 25th 2010 ”
✓ Duty for the legislator to implement provisions in maximum 60 days to manage the abusivism of NCC
existing since 2008
The Authority under the request of the Council of State invited the Ministry of Internal Affairs to take actions
to integrate the newcoming services in the existing legal framework
UBER enters the Italian market
7. Introduction to the “Framework law on non-scheduled public road passenger
transport services” (N.21 15 January 1992)
Evolution of the legal competitive environment
The new operators in the sharing economy
The Authority’s proposals
Conclusions
9. Introduction to the “Framework law on non-scheduled public road passenger
transport services” (N.21 15 January 1992)
Evolution of the legal competitive environment
The new operators in the sharing economy
The Authority’s proposals
Conclusions
10. The authority hopes for the adoption of a minimum regulation for technological platform and a deregulation for the
traditional operators.
Main statements:
Equivalence between taxi and car-and-driver hire (NCC)
Creation of a third operator in the non-scheduled road
transport services
Compensation mechanisms as a consequence to the
market’s enlargement
11. Increase of the number of licenses
Revision of the concept of “territoriality”
• No mandatory depot for car-and-driver hire
Higher flexibility for taxi licence owners:
• Delete the ban on multiple licenses
• Maximum flexibility regarding the operating timetable
• Opportunity to provide integrated services
• Introduction of a price cap
• Introduction of the legal form of enterprise
12. Introduction of a minimum regulation for the new technology mobility services focused on:
• The registration of new platforms in public registers
• Definition of minimum requirements and duties for drivers and platforms (also from a fiscal point of
view)
13. 1. Complete liberalization by reacquisition of the licences by the government
2. Exponential increase of the licences issued:
• To new taxi drivers, at a price to be partially distributed to the existing licences’ owners.
• To the existing taxi drivers, for free.
3. A balanced combination of the latter proposals.
In order to protect the original owners of the licences, the Authority has introduced the possibility to give a
compensation to taxi drivers.
Three methods for applying compensation:
14. Introduction to the “Framework law on non-scheduled public road passenger
transport services” (N.21 15 January 1992)
Evolution of the legal competitive environment
The new operators in the sharing economy
The Authority’s proposals
Conclusions
15. Consumer welfare:
equivalence between taxi
and car and driver hire
Licenses’owners
protection:
compensation
Trade off: consumers welfare vs licenses’ owners protection