The Collaborative Economy, in its essence, represents a new approach to exchanging goods and services through information and communication technologies (ICT), playing a central role in the delivery of services via digital platforms.

Among the best-known examples in this sector is carsharing, which allows the use of a vehicle on demand, with payment only for the time it is used. In this way, users save the costs associated with maintaining their own car, while also potentially having a positive impact on city traffic flow.

In Colombia, there is an ongoing debate on this matter between Uber Colombia S.A.S. and the taxi drivers’ union, a topic recently addressed by the Supreme Court of Justice in Ruling SC 370 of 2023.

This confrontation has not only raised questions about unfair competition but has also prompted a detailed analysis of legal and regulatory issues.

Here we present five key points that illustrate the relationship between the collaborative economy and this conflict:

1. Collaborative economy and unfair competition: The collaborative economy allows individuals and companies to share resources, challenging traditional competition rules. This new approach has sparked debates about what constitutes unfair competition in a constantly evolving business world.
2. Technological hyper-evolution: The ICT-driven “hyper-evolution” of new platforms and apps has rapidly transformed economic dynamics. Competition law has been affected by the accelerated development of these technologies and the emergence of new business models.
3. Changing roles in the market: The collaborative economy has disrupted traditional roles in the marketplace. Examples like Uber show how individuals can be both consumers and service providers, challenging conventional market categories.
4. Regulation and legal challenges: The speed of technological advances poses challenges for regulation. The response to the collaborative economy is not necessarily prohibition but rather addressing specific legal issues as they arise.
5. Benefits of science and technology: Laws must strike a balance between regulation and the right of people to benefit from scientific and technological progress. International treaties uphold this right, highlighting that the collaborative economy is a natural manifestation of ongoing technological evolution and innovation.

In resolving the conflict between a taxi platform and Uber, the Court points to the challenges that collaborative economies pose for the justice system. See communication from the Supreme Court of Justice.