RT info:eu-repo/semantics/article
T1 Economía colaborativa y competencia desleal: ¿deslealtad por violación de normas a través de la prestación de servicios facilitados por plataformas digitales?
A1 Miranda Serrano, Luis María
A2 Ediciones Universidad de Valladolid
K1 Competencia económica desleal-Derecho
K1 Economía social
AB The sharing economy is transforming many production and consumption activities, and demands one response from the legislator to the multiple problems that it raises. This paper analyzes its problems from the perspective of unfair competition Law. To this end, the author addresses the concept of sharing economy in the first place. Distinguishes in it two different business models that require different legislative solutions: one strict and another broad. Next, both models are studied from the prism of unfair competition Law. Special attention is paid to the norms violation clause, because it is the rule mainly invoked before the judicial authorities by certain professional groups (especially in the tourism and transport sectors) to denounce that certain sharing platforms are acting unfairly to the detriment of their legitimate interests. In order to elucidate if a business model of the sharing economy acts unfairly for not respecting the prohibition of the violation of norms, the author does a double analysis. On the one hand, a vertical analysis, aimed at specifying the role that the collaborative platform deploys in each business model. On the other hand, a horizontal analysis, aimed at determining the legal nature of the operations of providing services, and especially to decide if the subjects who provide the services act professionally (operations B2C and B2B ) or as individuals (operations C2C). Finally, the considerations made in relation to the preceding matters are applied to some collaborative platforms that operate in the transport sector: Blablacar and Uber-Pop.
SN 1132-7170
YR 2017
FD 2017
LK http://uvadoc.uva.es/handle/10324/28427
UL http://uvadoc.uva.es/handle/10324/28427
LA spa
NO Revista de estudios europeos, 2017, N.70, pags.197-249
DS UVaDOC
RD 19-nov-2024