Hodge also complained about the way Uber had conducted itself in the trial so far, saying it had largely refused to acknowledge that its ride-share operation was illegal except for in the statement of agreed facts lodged on Monday evening, and declined to provide a list of directors for its various subsidiaries.
“What it effects is an approach Uber has taken throughout the litigation; wait until the last possible moment, and only when they have been dragged kicking and screaming to our conclusion can they make an admission,” he said.
Billionaire James Packer was an early backer of GoCatch.Credit: Getty Images
The trial is set to run over 10 weeks. GoCatch intends to show that Uber knew the UberX ride-sharing service it launched in 2014 was illegal, that it conspired between its various arms to keep regulators from accessing its records, and that it specifically targeted GoCatch.
It will claim that Uber executives discussed crushing GoCatch with UberX because it couldn’t beat them at taxis, and that it used spyware to collect GoCatch data and poach its drivers.
Emails shown by Hodge appear to show Rohrsheim gloating about acquiring a list of GoCatch drivers’ phone numbers.
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GoCatch co-founder Andrew Campbell said it had been a long process to get this case to trial, but that he was glad to have the issue finally aired in public.
“For my part, Uber has never accepted responsibility for its conduct towards GoCatch. Uber’s first priority was to win at any cost using any method to destroy us as a competitive threat,” he said.
“We are fortunate to be in a position to go to court as we believe that is the only pathway for Uber to be held accountable.”
The company’s legal representatives said GoCatch was raising capital and would have maintained its growth trajectory had Uber not acted illegally, putting it in a good place to compete in ride-sharing once it was legalised.
This is the main point Uber plans to dispute, as it will argue GoCatch declined for unrelated reasons. Uber denies using spyware in the way alleged.
“Uber firmly rejects any suggestion that we should be liable for the failure of other P2P businesses to adapt to an emerging competitive landscape,” Uber said in a statement.
“We will vigorously defend the matter in court.”
This latest case comes after Uber recently settled a class action with Australian taxi drivers, who had alleged they were harmed by Uber’s then-illegal business. Uber admitted no fault in that case, but agreed to pay $272 million.
Regarding that case, an Uber spokesperson referred to its illegal operations as “legacy issues” that it had put behind it, and said that ride-sharing regulation did not exist at the time.
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