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Full-Text Articles in Intellectual Property Law
Horizontal Collusions Organized By Uber: Time For A Change In Canada, Thanh Phan
Horizontal Collusions Organized By Uber: Time For A Change In Canada, Thanh Phan
Canadian Journal of Law and Technology
This paper argues that Uber’s ordinary operation should be characterized as organizing horizontal cartels among drivers that not only fix the fares of ride- hailing services using its platform but also allocate customers. Uber-led cartels, therefore, violate section 45(1) of the Competition Act5 of Canada. In doing so, this paper analyzes the relationships between Uber and drivers and argues that (i) Uber is the organizer of price-fixing and market allocation collusions among drivers, (ii) the collusions are horizontal, and (iii) they are per se illegal.
The first section discusses the general structure of peer-to-peer markets. The second section examines factors …
Protection From The Protectors: Does The Competition Act Provide An Answer To The Misuse Of Technological Protection Measures?, Keith D. Rose
Protection From The Protectors: Does The Competition Act Provide An Answer To The Misuse Of Technological Protection Measures?, Keith D. Rose
Canadian Journal of Law and Technology
McOrmond suggested that this linkage of authorized content and devices may fall within the definition of tied selling:
If you are a competitor of the members of the DVD CCA, or for any reason cannot sign on to their contractual obligations, you will not receive the keys to encode your own content or decode content. It should be reviewed by the Competition Bureau to determine whether such contractual obligations should be allowed. Tying the ability to access content encoded with DVD CCA keys requiring a DVD CCA-approved access device seems like a text- book example of “tied selling” under section …