Legal analysis of the Airbnb platform and its regulation: perspective from Competition Law

Abstract

This research analyzes the impact of the collaborative economy, focusing on the regulation of platforms such as Airbnb in Ecuador and Colombia. The growth of collaborative tourism stands out, which allows owners to rent rooms at more affordable prices, but also generates unfair competition towards the traditional hotel sector, which faces challenges such as tax evasion and lack of compliance with regulations by many hosts. This not only affects the State's tax collection, but also puts the safety of tourists at risk and deteriorates the quality of service in the hotel industry. At an international level, examples of regulations implemented in countries such as the United States, Puerto Rico, Colombia and Chile are presented, which seek to balance innovation in accommodation with the protection of consumer rights. In Ecuador, Ministerial Agreement No. 2023-011 represents progress towards the formalization of informal accommodation, although a more comprehensive approach is required that includes both the regulation of supply and the promotion of responsible tax practices. It is essential that the Ecuadorian authorities develop a regulatory framework that guarantees fair and equitable competition in the tourism sector, thus protecting the country's economic interests and the rights of consumers.