Abstract

BAJANA TOVAR, Fernando  and  GONZALEZ MORAN, Paúl. Platform market: unfair competition in the age of the sharing economy. Iuris Dictio [online]. 2019, n.24, pp.43-60. ISSN 2528-7834.

The legislative and doctrinal tendency has decided to incorporate into the notion of collaborative economy those practices for profit exercised by professionals, through the so called information and communication technologies. This situation differs with the initial intention with which the collaborative consumption, the genesis of the cooperative economy, arose. The situation described arises as a means of masking the commercial relationships behind the digital platforms, with the aim of freeing the fulfilment of the legislative burdens that are imposed in the normal course of commercial activities. This unjustified release of normative burdens has as its antecedent a historical search for the capitalist system by evading cumbersome taxes, all of which translates into economic operators, unfair lowering of regulatory costs within their business processes. The above, with the aim of finding an illegal displacement of demand in their favor and achieving high rates of profit maximization. In this context, this essay will seek to review the ways used over time to avoid costs, up to masking in the forms of the collaborative economy, with a special review of these new business practices and their possible framing in unfair competition conduct, in the light of Ecuadorian legislation, particularly with regard to the specific clause of no violation of rules.

Keywords : Collaborative Economy; Unfair Competition; Digital Platforms; C2C Models; B2C Models; Violation of Standards; Regulation..

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