644 COMPETITION LAW IN TOURISM This position is based on a criterion of efficient economic regulation, which intervenes only to correct a market failure and protect a general interest (Cfr. Lora-Tamayo, 2017). Thus, it would imply opting to fit the relations that are established within the framework of the sharing economy to the pre-existing legal figures, regulate ad hoc or opt for territorial planning instruments (Lora- -Tamayo, 2017). However, it is important to emphasise that the strengthening of the positions of platforms, such as Airbnb, calls into question competition rules (Cfr. Hesse, 2007; Montero, 2017). Another approach to the regulation of this phenomenon is the Transfer Sharing Rights model (Cfr. Lora-Tamayo, 2017; Miller, 2014; Lora-Tamayo, 2013). In its essence, it is about the creation of an artificial market of shared use rights, granted to the owner of each dwelling and the contents of which (e.g. number of nights, number of tourists, etc.) would be established according to the context. These rights would have a quota (equivalent to the negative externalities that this type of rent generates), the payment of which gives the right to participate in this rent modality. In this case, we would be faced with a right that could be sold together with the dwelling or separately. Finally, there is a more restrictive stance on the regulation of short-term rentals, especially those offered through platforms similar to Airbnb. Among the arguments against it, the set of negative externalities that have been generated in a good part of the mature urban destinations stand out. In Spain, neighbourhood associations as well as other sectors such as EXCELTUR, which brings together the main hotel chains, defend this position and highlight the problems of coexistence, security, development of illegal labour and the underground economy, as well as the failure to observe the rights of consumers, with the consequent impact on the image of the destinations (Cfr. Fernández, 2018). Initially, this position has been followed by a large portion of the organisations that have been involved in the development of the tourism sector. IV. EMPIRICAL RESPONSES There are several cities where the expansion of Airbnb and other similar platforms has led to studies on the legal challenges involved (Cfr. Gil, 2018; Guttentag, 2017; Alfonso Sánchez, et al., 2017; Aznar, 2017; Buenadicha, et al., 2017; Dredge, 2017; Aalborg University, 2016; Gutiérrez, 2016; Interian, 2016; Edelman and Gerardin, 2016; Smorto, 2015; Jefferson-Jones, 2015).
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