Abstract

The article examines a recent judgment of the administrative court (Tar Lazio) that annulled various provisions of a regional regulation concerning accommodation services. The ruling is of interest because it is both focused on the impact of the new rules on the market and related to a business activity, the non-hotel accommodation, which is among those that have been stimulated by the dissemination of new technologies, giving rise to social conflicts. Moving from this, the article highlights the challenges that sharing economy poses to regulation, pointing out how the real issue is the introduction of rules, which are acceptable to the extent that they are strictly necessary and proportionated. This aim could be achieved only by using methods of analysis ex ante (such as the competition impact assessment) capable of neutralizing every protectionist impulse. Otherwise, the court will be likely to intervene ex post, as in the case analyzed.