Last month I wrote about the status of the U.S. Chamber of Commerce’s legal challenge to the City of Seattle’s ordinance authorizing Uber and Lyft drivers to engage in collective bargaining. Briefly:
- Last year the city tried to get the case thrown out, arguing that it had “state-action immunity.” The 9th Circuit Court of Appeals disagreed, and sent the case back down for further proceedings .
- In December, the City Council amended its ordinance so that it no longer authorizes collective bargaining over compensation, which was very likely to be found to be illegal price-fixing among competitors..
- In response, the Chamber of Commerce said that despite the change, it still believes the ordinance violates the Sherman Antitrust Act.
- The Chamber of Commerce indicated last month that it will move for summary judgment, skipping a trial. This is only allowed if there are no relevant facts in dispute.
- The city responded that it believes there are still relevant facts to be discovered, and will oppose the Chamber’s motion on those grounds.
- The court set a schedule for both sides to file legal briefs, starting with the Chamber of Commerce.
Last Friday, the Chamber started the ball rolling by filing its brief. Here’s what it says.