TOURIST RENTALS MEDIATED BY PLATFORMS AND COMPETITION LAW 643 III. THE MAIN LEGAL APPROACHES Proposals on how to regulate the “sharing economy” are differentiated in the first place by the central element from which they are delimited. A proposal chooses to differentiate it by taking into account the object of exchanges, that is, the temporary use of goods and services (Montero, 2017). Another approach is to circumscribe it to that in which transactions are carried out between individuals (Brescia, 2016), whereas the European Parliament chooses to identify it with the one in which idle resources are used (European Parliament, 2016). There are also those who propose to identify it with that in which transactions do not require monetary disbursement (Cfr. Montero, 2017). Another option considers that given the diversity of existing business models between platforms (Katz, 2015; Pizam, 2014), the legal qualification may not always be the same (Smorto, 2015), and consequently, the regulation must be adjusted in each case. These approaches inspire and permeate both policy and the most recent legal changes. According to Dredge (2017), the policies developed in this area respond to the interests of the predominant corporate actors in each context. Dredge classifies them into four groups according to the objective they pursue: 1) increase tourism demand; 2) improve productivity; 3) attract investment; and 4) correct market failures. At the same time, this work synthesises the main challenges that the topic raises regarding taxation, territorial planning, rights, risks and responsibilities, economic, labour and ideological implications (Cfr. Dredge, 2017: 85-86). From the analysis of discourses and regulation in different contexts, it is possible to detect various approaches to the regulation of short-term accommodation within the framework of the “collaborative economy”. The first represents a position of open support for the development of these activities, based on arguments of defence of competition. Along these lines, the European Union (European Commission, 2016) maintains that the Digital Single Market requires favouring the sharing economy, insofar as it offers new forms of employment and therefore favours the reuse of resources and the provision of services in a more efficient manner. In Spain, the National Commission on Markets and Competition defends this position and asserts that an increase in the number and type of accommodation equals a greater variety of products and services, favours competition, contributes to reducing prices and allows a more efficient allocation of underutilised resources (Cfr. Fernández, 2018).
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