Guidelines on the application of Union competition law to collective agreements regarding the working conditions of solo self-employed persons

Summary:

Communication adopted by the European Commission on 29 September 2022, setting out guidance on the application of European Union (EU) competition law to collective agreements regarding the working conditions of solo self-employed persons.

Further information:

This guidelines set out the principles for assessing under Article 101 TFEU agreements between undertakings, decisions by associations of undertakings and concerted practices concluded as a result of collective negotiations between solo-employed persons and one or several undertakings, concerning the working conditions of solo-employed persons.

The initiative was first launched by the European Commission, aiming to ensure the EU competition rules do not stand in the way of collection agreements that seek to improve the working conditions of self-employed people. An inception impact assessment was launched in January 2021, during which evidence was gathered. A public consultation was published in December 2021 inviting comments on the draft guidelines. The Communication was eventually adopted on 29 September 2022 and published in the Official Journal on the following day.

Official

EUR-LEX: SWD(2022)321: Staff Working Document accompanying the Communication - Impact Assessment Report https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=SWD:2022:321:FIN

EUR-LEX: SWD(2022)322: Staff Working Document accompanying the Communication - Executive Summary of the Impact Assessment Report https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=SWD:2022:322:FIN

European Commission: Better Regulation: Have Your Say: Collective bargaining agreements for self-employed – scope of application EU competition rules https://ec.europa.eu/info/law/better-regulation/have-your-say/initiatives/12483-Collective-bargaining-agreements-for-self-employed-scope-of-application-EU-competition-rules_en

European Commission: Press Release, 30/06/2020: Competition: The European Commission launches a process to address the issue of collective bargaining for the self-employed https://ec.europa.eu/commission/presscorner/detail/en/IP_20_1237

European Commission: Press Release, 09/12/2021: Antitrust: Commission invites comments on draft Guidelines about collective agreements regarding the working conditions of solo self-employed people https://ec.europa.eu/commission/presscorner/detail/en/ip_21_6620

European Commission: Press Release, 29/09/2022: Antitrust: Commission adopts Guidelines on collective agreements by solo self-employed people https://ec.europa.eu/commission/presscorner/detail/en/ip_22_5796

European Commission: Questions and answers: Commission adopts Guidelines on collective agreements of self-employed people (29 September 2022) https://ec.europa.eu/commission/presscorner/detail/en/qanda_22_5805

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News

EurActiv, 04/10/2022: EU Commission allows collective bargaining for solo self-employed https://www.euractiv.com/section/economy-jobs/news/eu-commission-allows-collective-bargaining-for-solo-self-employed/

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Commentary and Analysis

European Trade Union Confederation (ETUC): Press Release, 30/06/2020: Commission delays action on collective bargaining for self-employed https://www.etuc.org/en/pressrelease/commission-delays-action-collective-bargaining-self-employed

Linklaters: Blog, 22/10/2020: Collective bargaining and competition law: Platform workers left colluding in the grey zone? https://www.linklaters.com/en/insights/blogs/linkingcompetition/2020/october/collective-bargaining-and-competition-law-platform-workers-left-colluding-in-the-grey-zone

Wolters Kluwer: Competition Law Blog, 13/01/2021: European Commission Invites Comments regarding Collective Bargaining for the Self-Employed http://competitionlawblog.kluwercompetitionlaw.com/2021/01/13/european-commission-invites-comments-regarding-collective-bargaining-for-the-self-employed/

European Trade Union Institute (ETUI): Policy Brief, July 2021: Collective bargaining and self-employed workers. The need for a paradigm shift https://www.etui.org/publications/collective-bargaining-and-self-employed-workers

Pinsent Masons: Out-Law News, 04/10/2022: Guidance to help self-employed people navigate competition law issued https://www.pinsentmasons.com/out-law/news/guidance-self-employed-navigate-competition-law

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