EU Guidelines on the application of competition law in the gig economy

 

EU Guidelines on the application of competition law in the gig economy

The European Commission has set out Guidelines on the application of EU competition law to collective agreements. The Guidelines concern the conditions of solo self-employed persons.

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

However, the self-employed are considered to be "undertakings" under EU law and an agreement between them risks being in breach of Article 101 of the Treaty on the Functioning of the European Union (TFEU).

The Commission's Guidelines set out the circumstances in which solo self-employed are comparable to workers and therefore not subject to Article 101 of the TFEU.

The Commission also sets out the conditions where it will not intervene against collective agreements that aim to correct a clear imbalance in the bargaining power of solo self-employed persons and the other contracting party and which, by their nature and purpose, aim to improve working conditions.

The Commission has stated that it renew its guidelines on collective agreements for the self-employed by 2030.

https://ec.europa.eu/commission/presscorner/detail/en/IP_22_5796

Digital Regulation Cooperation Forum

 

Digital Regulation Cooperation Forum

The Competition and Markets Authority (CMA) has published terms of reference of the Digital Regulation Cooperation Forum (DRCF).

The DRCF was launched by the CMA, the Information Commissioner’s Office (ICO) and Ofcom in July 2020. The Financial Conduct Authority joined in April 2021.

The Secretary of State for Culture, Media and Sport has written to the DCRF setting out the role of the DRCF in delivering the government's vision of a strategic, pro-innovation approach to digital regulation.

The terms of reference of the DRCF set out that it has the goal of promoting greater coherence, working collaboratively to jointly address complex problems, and working together to build capabilities. It is a voluntary cooperation forum to facilitate engagement between the members and does not provide formal advice or direction to its members.

The DCRF is one of a growing number of bodies and initiatives set up to promote wider cross-sector engagement on competition and economic issues in a digital landscape. Digital transformation is supporting all sectors of the economy

The International Telecommunication Union (ITU) has identified how collaborative regulation represents a fundamental change in the way that governments develop regulatory frameworks and rules.

In 2016 at the General Symposium for Regulators ITU presented the concept of collaborative or fifth generation (G5) regulation under the generations of regulation model

G5 involves a new system of cross-sectoral regulation involving harmonised rules with holistic and collaborative approaches as well as high level principles. A collaborative approach recognises the interplay between digital infrastructure, services and content across industries. While there are some ‘quick wins’ that can be achieved with some ease, other institutional constraints will need to be considered and demand more reflection and time.

https://www.gov.uk/government/publications/drcf-terms-of-reference/terms-of-reference