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2023 | Buch

Setting the Stage Kapitel lesen Erstes Kapitel lesen

Regulating Mobility as a Service (MaaS) in European Union

A Legal Analysis of Digitalization, Competition, and Multimodality

verfasst von: Erion Murati

Verlag: Springer Nature Switzerland

Enthalten in: Springer Professional "Wirtschaft+Technik" , Springer Professional "Wirtschaft"

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Über dieses Buch

This book provides a comprehensive analysis of the regulatory challenges and legal barriers surrounding the MaaS concept in the EU. By evaluating MaaS against existing EU legal frameworks on data sharing, competition, transport law and beyond, this research seeks to shed light on the regulatory implications of the MaaS concept. It employs a problem-based approach and qualitative doctrinal legal research methodology to assess the potential of MaaS in enhancing the efficiency, accessibility, sustainability, digitalization, multimodality, competitiveness, and convenience of the EU passenger transport sector, while identifying shortcomings in current EU regulatory frameworks that may impede its growth and analysing potential harms that rise of MaaS might cause to competition and users. The book concludes by providing recommendations aimed at enhancing the EU legal frameworks, with the goal of establishing a unified and harmonized framework that promotes an open, competitive, and multimodal MaaS market. In summary, producing a book on the regulatory challenges of MaaS in the EU now can contribute to the ongoing discourse, provide valuable insights, and offer guidance for policymakers, regulators, industry stakeholders, and researchers involved in shaping the future of mobility.

Inhaltsverzeichnis

Frontmatter
Chapter 1. Setting the Stage
Abstract
The recent digitalization and technological trends have supported the unfold of the Mobility as a Service (MaaS) concept in the passenger mobility sector. It refers to a notion in which passenger transport services are offered and matched through a digital platform that integrates various mode of transportation, such as private and public transport, into a single, seamless, and convenient service for users. This also includes a range of services such as trip planning, payment, ticketing, and real-time information, making it easy for users to plan, book, and pay for their journeys. The concept of MaaS involves therefore a mobility ecosystem composed of users, a MaaS platform operator who offer an app for matching demand and supply for mobility, multiple data providers, and numerous private and public transport service providers who provide data, transport assets and services. It enables the rise of the MaaS (downstream) market which is populated with different MaaS digital platforms which are owned and managed by existing or new transport actors. The value of MaaS lies in its user-centric approach, fostering coordinated mobility services. It addresses longstanding passenger transport issues like supply inconsistency, fragmented information, and complex payment methods tied to diverse transport modes. Additionally, it boosts transport network efficiency and sustainability, being one of the four pillars (shared, automated, electric mobility) for transitioning to a “post-car” smart, digital, and connected mobility system. From a legal perspective, and as a novel phenomenon, the concept of MaaS must operate within the existing EU and national regulatory frameworks. However, and as this book will try to demonstrate, these standing legal frameworks might be inadequate or vacuous for regulating MaaS.
Erion Murati

Methodology and the Concept of MaaS

Frontmatter
Chapter 2. Methodology
Abstract
A central issue of writing a doctoral thesis is the methodology, as it describes the broad theoretical and philosophical underpinning to the chosen research methods. Methodology is closely related to what we understand the field of enquiry (i.e., international or EU law) to be and it guides our thinking or questioning of, or within, that field or both. The study employs the problem-based theory and qualitative doctrinal legal research methodology.
Erion Murati
Chapter 3. The MaaS Paradigm: From Its Origin to a European Mobility Model
Abstract
Mobility as a Service (MaaS) has emerged as a groundbreaking paradigm in the field of transportation, offering a seamless and user-centric approach to mobility in our increasingly interconnected and digital world. MaaS leverages technology and data to provide individuals with convenient, flexible, and sustainable transportation options, reducing congestion, emissions, and the need for private car ownership. As urban populations grow and environmental concerns intensify, MaaS is thus positioned to revolutionize how people access and utilize passenger transportation services. This chapter provides an overview of the reasons that triggered the rise of MaaS, its benefits, challenges, its business model, potential impacts on mobility, highlighting how MaaS is elevated as a priority and as as vision of the EU mobility policy agenda.
Erion Murati

MaaS from a Data Sharing Governance Perspective

Frontmatter
Chapter 4. Establishing a Three-Dimensional MaaS Data Sharing Governance
Abstract
To foster the development of an advanced, intelligent, and interconnected mobility system, the roles of mobility data and data sharing governance are crucial in each sector. Connected and automated mobility, electric mobility, and Mobility-as-a-Service (MaaS) all rely on comprehensive data collection, analysis, and sharing to optimize operations, enhance user experiences, and achieve ambitious sustainability and safety goals. In fact, data and data sharing are indispensable for the emergence of new mobility and connected markets. For instance, data sharing and access is condictio sine qua non for the MaaS market development. However, the increased demand for data sharing creates a concurrent demand for data governance that can address competing claims to rights and interests in the governed data. To achieve social and public welfare, and to avoid adverse effects on competition or elsewhere, policy makers have to identify and develop the appropriate legal framework for the digital economy. Yet what the overall legal framework should be and how to implement data sharing governance regimes in different fields of the law have so far remained rather unexplored. Consequently, this study aims to assess and provide a three-dimensional governance structure—regulatory, technical, and organizational—for mobility data sharing in MaaS. This structure will shed lights on different data sharing aspects such as purposes (what for?), relevant data (what?) beneficiaries (for whom?), obliged parties (against whom?), modalities of access (how?), technical and organisation measures (TOMs), legal base (freedom of contract vs law?), adverse effects, etc.
Erion Murati
Chapter 5. Adoption of a MaaS Data Governance Decision Model to Facilitate Voluntary Sharing of Transport Service Data
Abstract
In addition to mandatory (regulated) data sharing regime, a MaaS market can be built also upon a mutual agreement between transport service providers and MaaS platforms (voluntary data sharing regime). While chapters 6 and 7 assess MaaS compulsory data sharing (governance) regimes, respectively, at Member States and at the EU level, this chapter analyses the voluntary MaaS data sharing approach. The aim is not to assess the legal terms of a voluntary data sharing instruments (i.e., data license, data partnership, data sharing and other contractual agreements). Rather, I seek to provide guidance on data sharing drivers and barriers and incentivise therefore actions that facilitate voluntary data sharing agreements in MaaS through the adoption of a MaaS governance decision model for opening transport service data. It aims to create common ground between stakeholders, by developing a shared understanding of the incentives and problems affecting data sharing. It defines a set of solutions and it attempt to create a clear framework to incentivise the MaaS actors to share mobility data on their own initiative, rather than to compel them to do so.
Erion Murati
Chapter 6. Specific MaaS Data Sharing Governance Legal Regimes in Member States
Abstract
The primary objective of this chapter is to delve into the legal frameworks governing the sharing of mobility data, in particular transport services data, within the MaaS context in European Member States. The sharing of such data can be established through legal mandates as well as voluntary agreements among MaaS stakeholders. While the previous chapter explored the voluntary data sharing regime, this chapter is focused on the mandatory data sharing regime within the MaaS landscape, specifically by evaluating recent national legislations in Finland and France.
Erion Murati
Chapter 7. Regulatory Framework for Sharing of and Access to Mobility Data in the European Union
Abstract
The analysis of the MaaS data sharing regulatory dimension will not be comprehensive without its assessment at the EU legal level. Therefore, this chapter will assess the applicability of the current EU regulatory frameworks for exchanging in MaaS mobility data, namely, demand-side and transport service data. On the one hand, and in relation to demand side data, I will examine the compatibility of the MaaS reciprocity data layer with the GDPR Regulation. On the other one, and in connection to transport service data, I will explore the applicability of EU legal rules to the MaaS fundamental data layer in the context of accessing transport service data. In this context, it shall be highlighted from the outset that similar and specific MaaS data sharing regulations, as the ones assessed above, for accessing transport service data do not yet exist. Nevertheless, the EU has a wider gamma of legal frameworks (in casus, sectorial data sharing regulations and competition law) and I will, accordingly, delve into their assessment. The goal is to provide a holistic view of the current status quo for sharing mobility data and to assess whether the EU legal framework can serve as an enabler or as a barrier to the rise of the concept of MaaS in EU.
Erion Murati

MaaS from a Competition Law Perspective

Frontmatter
Chapter 8. Assessment of the Lawfulness of the MaaS Data Exchange Under the EU Competition Law
Abstract
This chapter delves into the complex issue of data exchange in the context of MaaS from the perspective of competition law. While data sharing is essential for MaaS, it paradoxically poses challenges related to competition. The continuous sharing of strategic fare data among MaaS (hybrid) platforms raises concerns under Art. 101 (1) TFEU due to increased market transparency, which may enable collusion. The use of algorithms for processing this data further escalates the risk of collusive behavior by enhancing market transparency and real-time monitoring of rivals' actions. As a result, the MaaS data exchange model may have restrictive effects on competition, making coordination between MaaS platforms more attainable. Various collusive scenarios are examined. However, when mobility data sharing is voluntary, it may potentially qualify for an individual exemption under Art. 101 (3) TFEU.
Erion Murati
Chapter 9. MaaS Differentiated Treatment Conducts Under the EU Competition Law and Beyond
Abstract
A MaaS platform operator, like as for any digital platform, corrects information asymmetries between transport suppliers and consumers by reducing the transactions and search costs that they must incur to interact with methods for search, matching, exchange, and payment that reduces the costs of finding good matches. However, the centrality of the digital marketplace and the control exercised over it from the MaaS platform operators raises significant competion concerns in the sense of Art. 102 TFEU and beyond. Indeed, this chapter highlights key examples of anti-competitive behaviour by MaaS digital platforms, including exclusionary tactics such as refusal to supply/access, self-preferencing, discrimination, leveraging data advantages to gain an unfair competitive advantage, etc. By exploring these specific cases, this chapter sheds light on the challenges of regulating MaaS digital platforms and highlights the importance of effectively applying Art. 102 TFEU to maintain a fair and competitive digital marketplace for mobility.
Erion Murati

Multimodality in MaaS

Frontmatter
Chapter 10. MaaS Passenger Multimodal Transport Under the EU Transport Law and Beyond
Abstract
Integrated and seamless mobility has been a futuristic vision of mobility for a few years already. Today, Mobility as a Service (MaaS) embodies that vision. It enables a practical shift from a fragmented and unimodal transport towards a harmonized, centralized and multimodal one, yet the current EU transport law, which is based on the principle of unimodality transport regulation, does not cover any passenger multimodal transport. But as MaaS operators providers generate multimodal travel chains, it’s problematic that under EU law there is no harmonised legal base for multimodal passenger travel. Moreover, passenger rights cannot be guaranteed when an event occurring during one transport segment affects the following one, if the latter segment is operated with another operator of transport. In light of this, the knowledge gaps that this chapter aims to fulfil are to comprehend the status quo of EU passenger legislation and the the impact of MaaS concept on EU passenger’s rights. This will be achieved by analysing the EU transport law and its adequacy to cover passenger’s rights through a MaaS multimodal journey, as well as the position of a MaaS platform operator in a multimodal travel.
Erion Murati

Research Findings and Recommendations on MaaS

Frontmatter
Chapter 11. A Proposal for Developing a Consistent EU MaaS Regulatory Framework
Abstract
The concept of MaaS (or the MaaS market) has the potential to greatly improve the efficiency, accessibility, sustainability, digitalization, competitiveness, and convenience of transportation sector in the in EU. However, the findings of this book demonstrate that the existing frameworks of EU competition and consumer transport law are insufficient and/or inadequate for the advancement of MaaS. This chapter aims thus providing a legal model framework for building a paradigm (or an illustration) of a forthcoming EU MaaS legislation (hereafter “the EU MaaS legal model framework”) that is developed according to the EU principle of holistic rules, principle of proportionality and subsidiarity. By building on the research findings, the EU MaaS legal model framework intents to fulfil purposes by establishing principles (or rules) for ensuring access to mobility data, preventing anti-competitive behaviours, protecting passenger rights by regulating multimodal passenger legal framework. This in turn will support the development of a consistent and, to some extent, harmonized European legal framework for the establishment of an open, competitive, digital, sustainable and multimodal MaaS market. It should be made clear from the outset that I intend to provide through the EU MaaS legal model framework some prospective reflections (de lege ferenda: what the law ought to be?) that are limited and based into these specific research findings and the assessed legal areas of this book.
Erion Murati
Chapter 12. Conclusion on Mobility as a Service (MaaS)
Abstract
The overall aim of this book was to unpack the main and most prominent legal barriers and/or regulatory challenges arising from the MaaS market with a view of giving insights basis to future discussions for its EU legal development. It delivers clarity by highlighting the roles and responsibilities of each MaaS actor by pulling together existing legislations related to the key elements (mobility ecosystem, marketplace, multimodality, renumeration) of MaaS. Legal research on MaaS should aid regulators in assessing the adequacy of the current EU legal acquis to allow effective introduction and regulation of the MaaS market.
Erion Murati
Backmatter
Metadaten
Titel
Regulating Mobility as a Service (MaaS) in European Union
verfasst von
Erion Murati
Copyright-Jahr
2023
Electronic ISBN
978-3-031-46731-8
Print ISBN
978-3-031-46730-1
DOI
https://doi.org/10.1007/978-3-031-46731-8

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