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<p>The 2022 Guidelines of the European Commission on the application of EU competition law to collective agreements regarding the working conditions of solo self-employed persons apparently introduced a fresh approach towards collective agreements in a gig economy era. The main aim of this paper is to discuss whether the 2022 Guidelines are an appropriate tool to address the problems of solo self-employed persons (i.e. persons who are not in a formal employment relationship and who rely primarily on their own personal labour to provide services) from the perspective of EU competition law. To this end, we first present key competition problems related to collective agreements (section 1). Second, we analyse the regulatory framework for exemptions from competition law, with a view for a potential exemption relevant for collective agreements, as well as an approach to collective agreements in EU case law (sections 2 and 3). Third, the background for adopting the Guidelines, and their goals, is analysed (sections 4 and 5). Fourth, the Guidelines are discussed in more detail in sections 6 and 7 from the perspective of exemptions from Art. 101(1) TFEU. Finally, we examine the relationship between the Guidelines and a proposal for a platform work directive. The article attempts to verify the hypothesis that the Guidelines may be considered a pseudo-development.</p>
</abstract>

The 2022 Guidelines of the European Commission on the application of EU competition law to collective agreements regarding the working conditions of solo self-employed persons apparently introduced a fresh approach towards collective agreements in a gig economy era. The main aim of this paper is to discuss whether the 2022 Guidelines are an appropriate tool to address the problems of solo self-employed persons (i.e. persons who are not in a formal employment relationship and who rely primarily on their own personal labour to provide services) from the perspective of EU competition law. To this end, we first present key competition problems related to collective agreements (section 1). Second, we analyse the regulatory framework for exemptions from competition law, with a view for a potential exemption relevant for collective agreements, as well as an approach to collective agreements in EU case law (sections 2 and 3). Third, the background for adopting the Guidelines, and their goals, is analysed (sections 4 and 5). Fourth, the Guidelines are discussed in more detail in sections 6 and 7 from the perspective of exemptions from Art. 101(1) TFEU. Finally, we examine the relationship between the Guidelines and a proposal for a platform work directive. The article attempts to verify the hypothesis that the Guidelines may be considered a pseudo-development.

Collective agreements on working conditions of solo self-employed persons: perspective of EU competition law

University of Information Technology and Management

Białostockie Studia Prawnicze

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.

The 2022 Guidelines of the European Commission on the application of EU competition law to collective agreements regarding the working conditions of solo...

Collective agreements on working conditions of solo self-employed persons: perspective of EU competition law

Publié en ligne: 22 mai 2024

Pages: 65 - 82

Reçu: 27 sept. 2023

Accepté: 13 févr. 2024

DOI: https://doi.org/10.15290/bsp.2024.29.02.06

Mots clés
collective bargaining, competition law, digital platforms, solo self-employed persons

© 2024 Agata Jurkowska-Gomułka et al, published by Sciendo

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.

Collective agreements on working conditions of solo self-employed persons: perspective of EU competition law

Publié en ligne: 22 mai 2024

Pages: 65 - 82

Reçu: 27 sept. 2023

Accepté: 13 févr. 2024

DOI: https://doi.org/10.15290/bsp.2024.29.02.06

Mots cléscollective bargaining, competition law, digital platforms, solo self-employed persons

© 2024 Agata Jurkowska-Gomułka et al, published by Sciendo

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.

Mots clés
collective bargaining, competition law, digital platforms, solo self-employed persons