Commission consultation on collective bargaining and competition law

 

Commission consultation on collective bargaining and competition law

The European Commission has launched a consultation on the application of EU competition law to collective bargaining by ‘solo’ self-employed persons.

As a self-employed barrister this issue has more than a passing personal interest.  Other self-employed persons such as doctors, consultants and free-lancers will no doubt be interested.

Collective bargaining between employees and employers is outside the scope of EU competition law.

Yet self-employed persons are considered to be "undertakings" under EU competition law and an agreement between them risks being in breach of Article 101 TFEU.  The same analysis tends to follow under UK competition law and other competition laws internationally.

The Commission seeks views to clarify the applicability of EU competition law to collective bargaining by solo self-employed. In a digital economy it is conscious not to constrain innovative pricing while at the same time safeguarding consumers’ interests.

The Commission seeks comments by 28 May 2021.

https://ec.europa.eu/commission/presscorner/detail/en/ip_21_988