Competition Law in Tourism

682 COMPETITION LAW IN TOURISM We are faced with a typology of transactions related to sharing of goods, services, time, space, know-how, etc., for remuneration or not3, with the following common characteristics: • Movement, mainly social4 and economical, with, however, important legal implications; • Online technolog – and mobile device-based; and • Specific types of transactions, profitable or not, often related to selling, donation, sharing or granting access to infra-used assets. Using the definition proposed by A Digital – Associación Española de Economia Digital5, we should make the distinction between: a) Sharing economy – Business models based on profitable or non-profitable intermediation between supply and demand, which is generated through relationships among equals (peer-to-peer or business-to-business) or private-to-professional, carried out through digital platforms which do not provide the subjacent services, providing more efficient and sustainable utilisation of existing and underused assets, allowing the use, sharing or investment of those assets; b) Access economy – Profitable business and consumption models on which a company provides temporary-use assets to its customers, adapting the time of use required by the customers and providing their geo-localisation; and c) On-demand economy – Business and consumption models based on profitable intermediations between supply and demand, which is generated through business to consumer relationships, carried out through digital platforms that do not provide the subjacent services and the supply of which is determined by the customers’ necessities, adapting to their preferences. 3 Vid. GONZÁLEZ JIMÉNEZ, P. (2017). “La oferta de viviendas de uso turístico a través de plataformas colaborativas: reflexiones desde el derecho de la competencia desleal”, Revista de Estudios Europeos, n.º 70, julio- -diciembre, p. 112. 4 Related to a sharing new vision and environment protection. 5 Spanish association of companies online and technologically based, https://www.adigital.org/quienes-somos/.

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