Benjamin Sachs is the Kestnbaum Professor of Labor and Industry at Harvard Law School and a leading expert in the field of labor law and labor relations. He is also faculty director of the Center for Labor and a Just Economy. Professor Sachs teaches courses in labor law, employment law, and law and social change, and his writing focuses on union organizing and unions in American politics. Prior to joining the Harvard faculty in 2008, Professor Sachs was the Joseph Goldstein Fellow at Yale Law School. From 2002-2006, he served as Assistant General Counsel of the Service Employees International Union (SEIU) in Washington, D.C. Professor Sachs graduated from Yale Law School in 1998, and served as a judicial law clerk to the Honorable Stephen Reinhardt of the United States Court of Appeals for the Ninth Circuit. His writing has appeared in the Harvard Law Review, the Yale Law Journal, the Columbia Law Review, the New York Times and elsewhere. Professor Sachs received the Yale Law School teaching award in 2007 and in 2013 received the Sacks-Freund Award for Teaching Excellence at Harvard Law School. He can be reached at [email protected].
Naked Capitalism recently ran a five-part series on the Uber business model. I can’t speak to the accuracy of the conclusions, but the arguments are striking and the series should go on the reading list of anyone interested in the gig economy and its implications for workers. According to the series, which is summarized in the fourth post, Uber’s business model consists of: predatory pricing, underwritten by venture capital, aimed at securing a monopoly position in the urban car service industry.
To unpack that a bit, the argument proceeds as follows:
- Uber is unprofitable. It has grown and succeeded to date by engaging in below-cost pricing and subsidizing that pricing scheme with $13 billion in venture capital investments. As the post put it: “Uber is a fundamentally unprofitable enterprise, with negative 140% profit margins.” And, “Uber’s ability to capture customers and drivers from incumbent operators is entirely due to predatory competition funded by massive investor subsidies – Uber passengers were only paying 41% of the costs of their trips, while competitors needed to charge passengers 100% of actual costs.”
- Far from the popular image of technology-enabled low-cost superstar, Uber is in fact “the industry’s high cost producer, with a significant cost disadvantage in every cost category except fuel and fees where no operator could achieve any advantage.”
- “Uber could never generate sustainable profits in a competitive market.”
- Accordingly, the only way that Uber will succeed in the long-run and, in fact, the essence of its business model is “the pursuit of monopoly power.” Thus,
“[f]rom its earliest days, Uber’s investors and managers have always recognized that investor returns would require global industry dominance, and the elimination (or effective nullification) of longstanding laws and regulations designed to protect competition, and to protect consumers from the risks of anti-competitive market power. This presumes that urban car services can be turned into a ‘winner-take-all-game,’ where the winner can earn sustainable rents once quasi-monopoly industry dominance has been achieved.
- Once Uber succeeds in securing monopoly power (or, “industry dominance”) it will exercise that power by: reducing driver pay to levels below those paid by traditional operators; requiring “anyone who might ever want a cab to carry Uber’s app;” and “imposing much higher prices for peak period[s] and low density neighborhood service” which would “effectively eliminate taxi service for a major segment of (mostly lower income) users.”
This is an important critique of the Uber business model which – if correct – should worry all of us.
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August 21
Tyson workers respond to abrupt plant shutdown; DOL ends its power to police federal contractor bias.
August 20
Unions sue the government over new visa rule; Judge declines to dismiss former Amazon worker's suit.
August 19
NLRB swears in third Trump-appointed Member; Teamster file complaint against Amazon in New York; unions and college students sue Trump admin for international student immigration restrictions
August 18
New Trump administration rules will remove the Merit Systems Protection Board's independence; a CFPB union leader suspended alleges retaliation; the National Treasury Employees Union requires its members to pay dues as it battles to stay financially afloat.
August 17
Tensions rise between New York City's teachers' union and City Hall; NLRB judge finds Brooklyn hospital violated labor law.
August 16
New documents show that federal surveillance operations targeted Minnesota labor unions during the ICE surge, and the Equal Employment Opportunity Commission denies halting federal class discrimination complaints.