The Platform Economy: Natural, Neutral, Consensual, and Efficient?

Transnational Legal Theory, DOI: 10.1080/20414005.2017.1416516

Posted: 16 Sep 2016 Last revised: 16 Jan 2018

See all articles by Derek McKee

Derek McKee

University of Montreal - Faculty of Law

Date Written: December 10, 2017

Abstract

This article examines the legal and policy debates surrounding online peer-to peer platforms for rentals and services, focusing on Airbnb and Uber. Such platforms have attained enormous popularity despite being illegal in many jurisdictions; they have called into question a great deal of government regulation. This article argues that the platforms have succeeded, to the extent that they have, by invoking liberal ideas about markets: notably, that markets are natural, neutral, consensual and efficient. The platforms have bolstered these arguments through their identification with the family and with technology. Moreover, all of these arguments operate on two levels. The platforms appear not only as private economic actors participating in markets, but also as providers of technological-normative infrastructure for markets. Although the platforms have successfully exploited these ambiguities, a careful analysis of the arguments reveals that the claims made on behalf of the platforms are vulnerable to critique.

Keywords: Platform economy, Airbnb, Uber, regulation, policy, theory

Suggested Citation

McKee, Derek, The Platform Economy: Natural, Neutral, Consensual, and Efficient? (December 10, 2017). Transnational Legal Theory, DOI: 10.1080/20414005.2017.1416516, Available at SSRN: https://ssrn.com/abstract=2833747

Derek McKee (Contact Author)

University of Montreal - Faculty of Law ( email )

Montreal, Quebec H3T 1B9
Canada

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