The Uberization of corporate political action

By Dieter Zinnbauer

With more than USD 12 billion spent the 2020 US election cycle may well have been the most expensive political campaign in the world so far. Yet in the shadows of this epic political contest another campaign unfolded that in my view provides some really interesting early signals on emerging trends in corporate political activity.

Alongside the national election Californians went to vote on a number of plebiscitary ballot measures. Among them Proposition 22 that like no other exemplifies how business lobbying unfolds in the era of what is often called the gig-and platform economy.

Prop 22, as it is known for short, was spearheaded by Uber and Lyft as a last ditch effort after exhausting all judicial and legislative tactics to win an exemption from a new Californian labor law that aimed to force these companies to classify their drivers as employees, rather than independent contractors.

A special type of thing

Leaving aside the merits of the argument – as consequential and hard to defend the position of Uber and peers may be-  Prop 22 is remarkable on many fronts.  It exemplifies the growing use of what was once meant to be a plebiscitary counterweight to corporate influence by these very corporate actors to advance their own interests.  

It saw platform companies that connect millions of drivers and tens of millions of passengers in so called two-sided markets take fully advantage of these relationships by intensely lobbying and mobilizing these constituencies for their cause.

It witnessed the deployment of targeted push messages and suggestive survey snippets through the proprietary app infrastructure, administered and tracked by a black-box algorithm that also sets prices and assigns business opportunities and thus commands Foucauldian-like disciplinary allure. Which driver would want to be seen and classified to be unsupportive of the company’s political project while the day’s earnings depend on being assigned this one lucrative trip to the airport? 

Ballot 22 also starkly illustrates the chimera of political equality or of even the resemblance of a level playing field in a world with unconstrained campaign expenditures that resulted in the gig-side outspending the labor side by a factor of 10 to 1.  And it is truly remarkable in its brazen disregard of democratic legitimacy. It aimed to expressly derail a provision that was not hidden on page 1205 of a large body of complex legislation and stealthily whisked through without much public scrutiny. Instead it took aim at a piece of legislation that had been in the public, even international spotlight for quite some time, extensively discussed and lobbied on and resoundingly tested and confirmed in court.

Even more astounding, Prop 22 sought to prevent any future democratic course correction through including a clause that would require an unprecedented 7/8 supermajority in the legislature for overturning it – a much higher hurdle than is set for amending the US constitution.

All these features are fascinating in themselves and deserve a much more detailed examination which has already begun in academic circles, for example with regard to platform-led mobilization  or data-driven corporate advocacy and to which I hope to contribute to in a longer essay elsewhere soon. Here and now I just wanted to offer some very early and unpolished ideas on one more, largely overlooked angle that makes Prop 22 and the corporate political actions of Uber et al. so fascinating.

In very broad brushes the thinking here goes as follows: 

Businesses that are not explicitly chartered as public benefits corporations derive their social license to operate primarily by making a positive economic contribution in terms of innovation, resource efficiency et al. (and yes, by doing this as responsible corporate citizens that respect the spirit of applicable laws, planetary boundaries etc.). The longer-term ability of a company to be financially self-sustaining in a competitive, externality-free market situation is – absent any other claims about achieving non-financial societal benefits – a first approximation for such a positive economic contribution.

Society puts a higher economic value on the contribution of the corporation than the costs of its fairly priced inputs. The business model adds overall economic value, the business organization – not just the people involved in it as individuals claiming their citizenship rights – can invoke this overall economic contribution to justify a certain degree of standing in the democratic discourse.  

Yet this is precisely not the case with companies such as Uber and Lyft.  They have been losing vast sums of money for years, bleeding cash on every ride even while exploiting many regulatory gaps that lower their cost structures relative to their competitors in the ride-hailing business. All this was made possible by enormous sums of venture capital funding – USD 26 billion for Uber alone up until April 2020. Venture funders bet on those companies to eventually achieve a winner-takes-most status and commensurate pricing power in a market characterized by strong network effects and economies of scale /scope. 

The envisioned route to economic dominance, however, also requires to simultaneously build and assert the political influence necessary to stave off regulatory efforts such as categorizing drivers as employees and many other pricey regulations that threaten to close the very regulatory arbitrage opportunities on which large parts of the business model  of Uber, Lyft and other gig companies are ultimately built. 

Overall this results in a situation where venture-funding is at least as much about blitz-scaling political power as it is about financing hyper-growth for market dominance. Both are necessary, both reinforce each other. The build-up of political good will and supportive constituencies is not a by-product of building customer loyalty. It is an essential part of the strategy to architect a business model that critically depends on regulatory accommodation and complicity. Yet, all along and rather ironically this heavy reliance on political action and political success stands in stark contrast to the relative normative weakness of claims made by companies without a clear route to profitability that cannot convincingly back up their political voice with an obvious net positive contribution to overall economic welfare. Stripping away all ornaments what’s left is a story of VC-funded particularistic political rent-seeking. 

Now, much more needs to be explored here and there are many holes that can be punched into this storyline as described in these very broad terms. So please check back here soon for a more developed version of this argument. In the meantime I would love to hear your comments and criticism to help advance this conversation. 


 Epi-epilogue

Uber et al. won Prop 22 by a large margin of 58% to 41%. Prop 22 turned out to be the most expensive ballot initiative in US history. So far.  After the vote Uber’s CEO announced in an analyst call that the company will “more loudly advocate for laws like Prop 22  [and] work with governments across the US and the world to make this a reality.”  The company continues to loose large sums of money.


About the Author

Dieter Zinnbauer is a Marie-Skłodowska-Curie Fellow at CBS’ Department of Management, Society and Communication. His CBS research focuses on business as political actor in the context of big data, populism and “corporate purpose fatigue”.


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Sustainable livelihoods? The informal sector beyond Covid-19

By Søren Jeppesen

As a number of the CBS Sustainability blogs have mentioned since March 2020, the official reactions to Covid-19 have (so far) not been doing much for sustainable development (apart from lower CO2 emissions from air travel). Despite concerned voices criticizing the limited attention to combating climate change (‘environmental sustainability’) in the longer run, little impact on policy makers has been registered.

If we focus on ‘social sustainability’ the picture is similar. Discussing the social side of sustainability is part and parcel of assessing the situation in the informal sector and among the estimated two billion people reliant on their livelihoods through the informal activities across the Globe. Sadly, the situation has shown that this group of people and their families have suffered from the imposed restrictions due to Covid-19 (see here).

While the negative impact on income and livelihoods probably is the most severe consequence of inability, lack of willingness (and in some cases maybe even sheer ignorance) among authorities, the events since March can also be viewed ‘an opportunity missed’ regarding (more) sustainable practices.

The classical example is waste handling where informal workers (or scavengers) are involved in waste collection, sorting and identifying material for recycling and reuse. The Indian system where almost all component of waste are sorted and reused is well-known. But additional examples are found in areas like minimizing food waste and establishing social safety nets (Tucker and Anantharaman, 2020). Had governments appreciated the role of the informal sector and the activities undertaken, the period since March could have been used to change towards a ‘sustainability footprint’.

So, instead of using the (unfortunate) challenge to aim for positive change why have governments then been so keen to do the opposite and merely lockdown the informal sector (including denying poor people of their meagre livelihoods)? As Tucker and Anantharaman (2020) argue, it might be due to informal work being perceived as a ‘deficit’ (lack of contracts, lack of permits, lack of tax payment, lack of this and lack of that). International organisations like ILO have long been arguing in favor of ‘formalization of the informal’ (ILO, 2019). And not to romantize the informal sector, nevertheless it is intriguing that this is and has not been a sector perceived as ‘creative, agile, flexible’ and all the buzz that the present glorification of the private sector and individual initiative otherwise has been marked by.

Now, we can’t change what have been the typical type of reactions to the Covid-19 situation across the globe, but we do note that we have increasing social challenges ahead due to rising poverty levels, the naïve, optimistic wish for the New Year is that attention will be placed on how to engage the informal sector and all its resources in the strive for a more sustainable development path. It will not only open up the Pandora’s box regarding new and valuable ways on dealing with the Global trajectories, but could provide avenues for the informal sector to be reckoned as ‘a contributor’ (instead of ‘a deficit’).


References:

CGAP, 2020. Covid-19 Briefing. Insights for Inclusive Finance. Relief for Informal Workers: Falling through the Cracks in the COVID-19 Crisis. August.

ILO . International Labour Organization; 2019. Work for a Brighter Future. Geneva.

Tucker, J.L. and Anantharaman, M. 2020, Informal Work and Sustainable Cities: From Formalization to Reparation, One Earth. 2020 Sep 18; 3(3): 290–299. (doi: 10.1016/j.oneear.2020.08.012)


About the Author

Søren Jeppesen is Associate Professor at the Department of Management, Society and Communication at Copenhagen Business School. His research concerns the development of firms in developing countries. He focuses on SMEs, CSR and driving forces (or lack of same) for strategies of SMEs in developing countries in engaging in CSR (or not engaging).


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Sustainability claims: In what sense are they performative?

By Lars Thøger Christensen

The number of products advertised as “green” or climate neutral has exploded in recent years, according to several newspaper articles. Should we be alarmed? To some extent, yes. In addition to cases of blatant fraud and manipulation, there is reason to be concerned when a plethora of green labels for products – ranging from milk over burgers to gasoline – competes for attention, especially when the variety confuses understandings of what it means to be sustainable.

Moreover, since carbon offset programs tend to obscure the fact that neither air travel nor fashion clothing is or can be CO2 neutral, the need to question and test green advertising claims is more pressing than ever. It is therefore commendable that politicians and NGOs in some countries call for more control with corporations that claim to market green or CO2 neutral products. 

The growth in green advertising claims attracts increased scrutiny, regulation and control.

At the same time, the expansion in green advertising claims illustrates the growing social, political and economic premium put on sustainability. Even if many such claims are superficial and hypocritical, their combined existence is performative beyond what individual corporations, NGOs and regulators can imagine and control. 

When all social actors express the significance of sustainability, something has changed.

Scholars of communication often emphasize that communication is constitutive of organizational and social reality. Communication, in their view, is performative because it does something more than simply describe a preexisting reality. Yet, in what sense does this logic apply to issues of climate change and the broader sustainability arena? 

To what extent has communication performative potential in the sustainability arena?

Critics of the performative view on communication view argue that green messages often fail to change anything, either because the senders are insincere or because larger social forces, such as profit motives or efficiency demands, override any talk about sustainability. The power of sustainability communication to shape organizational practices is therefore often described as naïve or overly optimistic. These are important objections to the performativity perspective. Yet, communication still plays a significant role in instigating better practices.

The articulation of sustainability ideals is often “the leading incident” in its performance (Austin, 1962, p. 8).

It is certainly true that sustainability communication is insufficient in and of itself to ensure more sustainable practices. Some sustainability claims may even prevent organizations from moving in the right direction. Nonetheless, communication about sustainability is an important dimension of sustainable action. Without a communicative engagement of major corporations with the values and ideals of sustainability, changes in that arena are likely to be significantly slower. 

Interestingly, critique and control of sustainability claims may help such claims to perform.

Talk about sustainability and green products tend to attract attention of critical stakeholders and increase internal and external pressure to walk the talk. Bold statements combined with public exposure and critique are important dimensions of what we might call the performativity “cocktail”. Green advertising claims and public statements about CO2 neutrality can be used to apply pressure on corporations and remind them of their promises. If major corporations, out of fear of attracting negative stakeholder attention, decide to remain silent on the sustainability issue, critics and regulators have less material to work with. In other words, a willingness on the part of corporations to expose themselves to critique is key.

Communicative performativity in the sustainability arena is a macro phenomenon.

Obviously, an organization does not become sustainable by simply “talking green”. In fact, it is a mistake to think of performativity – especially in complex areas such as sustainability – as a result of discrete and isolated organizational messages or claims. It doesn’t work that way. Even with the best intentions, green talk takes considerable time and effort to materialize into more sustainable practices. Moreover, it is rarely an organizational effect. Performativity is an outcome of multiple claims that are repeated and reformulated again and again over time and across multiple organizations, public as well as private. The sedimented effect of such dynamic interaction that lead to what Butler (2010) calls “socially binding consequences” (p. 147).

The performativity of sustainability claims should be understood as sedimented effects of multiple claims and understandings. 

The communicative performativity of sustainability claims involve reactions of stakeholders, competitors, legislators and consumers who are variously affected, inspired or provoked by the claims to expect and demand better practices. Still, there is no guarantee that the claims will stimulate significant changes. That, of course, is true for all types of messages. Messages and claims can be ignored, forgotten or outright contradicted by subsequent claims or other types of action. Without the claims, however, society and the physical environment is likely to be worse off. The trick is to use them actively to remind the senders of their social and environmental responsibilities. 


Further readings

Austin, J. L. (1962). How to do things with words. Oxford: Oxford University Press.

Butler, J. (2010). Performative agencyJournal of Cultural Economy, 3(2), 147-161.

Christensen, L. T., Morsing, M., & Thyssen, O. (2020). Talk-action dynamics: Modalities of aspirational talk. Organization Studies

Fleming, P., & Banerjee, S. B. (2016). When performativity fails: Implications for Critical Management StudiesHuman Relations, 69(2), 257-276.


About the Author

Lars Thøger Christensen is Professor of Communication and Organization at the Copenhagen Business School, Denmark. 


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