Tourist Rentals Mediated by Platforms and Competition Law: Critical Issues1 Sheila Sánchez Bergara2 I. Introduction; II. Controversial Issues in Regulation; III. The Main Legal Approaches; IV. Empirical Responses; V. Short-Term Rentals through Platforms and Unfair Competition; VI. References. I. INTRODUCTION In recent years, different urban destinations have updated their regulations on short-term rentals within the framework of the so-called “sharing economy”. According to Brenner et al. (2010), contemporary regulatory transformation processes are remodelling urban landscapes and play a relevant role in understanding them. However, it is relevant to point out that disputes arising from the regulation of these activities are limited to those cases in which there is an economic consideration for the goods and/or service provided. In other words, the focus has been on business models, which, due to their remunerative nature, have come into conflict with traditional actors. Two of the most illustrative examples of the phenomenon being tourist accommodation and passenger transport (Cfr. Velasco, 2018). Though many consider the sharing economy a novel phenomenon, a large portion of its activities has actually existed for a long time. How common is it for someone to take care of another person’s dog, carpooling, offering piano lessons or renting a room or apartment for periods when the owner is not occupying it? In some of these cases, a consideration can be made, either in cash or by offering another service in exchange, while in other cases it is done 1 This work was carried out within the framework of the project “LIKEALOCAL: Socio-spatial effects of Airbnb. Tourism and Transformation in 4 cities of Spain” (RTI2018-093479-A-I00), supported by the Ministry of Science, Innovation and Universities. 2 Sheila Sánchez Bergara, Ph.D, Department of Legal and Political Sciences, Ostelea Tourism Management School, University of Lleida, ssanchezb@ostelea.com.
RkJQdWJsaXNoZXIy MTE4NzM5Nw==