
The antitrust law’s firm exemption strictly applies to entities that a platform have a direct control over, such as employees. Uber does not hire drivers, hence it can’t exercise de facto control over pricing over any independent contractors.
Uber has a financial incentive to lower the prices because the total aggregate rake revenue is higher for 100 price-fixed transactions than, say, 10 market-rate transactions. Since it has no direct costs to think about, unlike the entity that actually delivers the service, its sole interest is with the higher aggregate take rake.
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