COMPETITION CHALLENGES IN THE ACCOMMODATION SHARING 687 Since the signing of the Treaty of Rome, competition has been one of the EU’s main concerns. A large part of EU regulation and dictates are related to competition regulation, both as an instrument of development of a dynamic, effective and innovative internal market and as the basis for the creation of new common policies19. EU intervention shapes Member State regulation in many areas related to the internal market, such as the sharing economy. 3.1. Is there any violation of par conductio concurrencium principle? The Portuguese case Sharing economy activities are often accused of being outlaws or applying different provisions from similar “traditional” activities. These have been under discussion until the present in areas such as transportation and house rental. Touristic house rentals have experienced an interesting evolution, from the illegal intrusion on the market of unlicensed actors who did not obey any rules in apparent disloyal competition with “traditional” accommodation, to the regulation of the activity in most Member States; nevertheless, the figures of unlicensed properties are high20. Portuguese touristic house rental law (Alojamento Local) was approved in 2008 by Decree-Law No. 39/2008 of 7 March, regulated by Ordinance No. 517/2008 of 25/6, changed by Ordinance No. 138/2012 of 14 May. This change simplified the regime, namely access requirements to the activity. In 2014, a new Alojamento Local regime was approved by Decree-Law No. 128/2014 of 29 August, changed by Decree-Law No. 63/2015 of 23 April. Again, this new regime facilitated access to the activity, which became very accessible. The idea of the legislator was to create a very simple regime, in order to stimulate the registration as Alojamento Local, trying to put an end to the existence of non-licensed accommodation. Law No. 62/2018 of 22 August, which came into force on 22 October, changed the paradigm of regulation on Alojamento Local, which has become much more exigent. However, not close to touristic accommodation law, which demands more strict licencing and operation requirements. With the regulation in this area, the illegal offer of properties has decreased considerably since 2008, which caused a disloyal competition problem. 19 ALVES D. (2018) Direito da Concorrência – Os poderes de investigação e sanção da Comissão Europeia, Silabas e Desafios, p. 33. 20 GUILLÉN NAVARRO N. (2018). “La Vivienda con un uso turístico: Entre el turismo colaborativo y la competencia desleal. Pequeños propietarios, grandes plataformas en internet y la respuesta normativa ante el caos regulatorio”, Viviendas de uso turístico: Régimen civil, administrativo y fiscal (Ed.) BRAVO DE MANSILLA G., Reus Editorial, p. 33.
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