Competition: Commission invites stakeholders to provide comments on the application of EU competition law to collective bargaining agreements for self-employed

(Credit: Unsplash)

This article is brought to you in association with the European Commission.


The European Commission has launched today a public consultation to gather views and evidence from citizens, businesses, social partners, academia, government bodies and all interested parties as part of an initiative to ensure that EU competition rules do not stand in the way of collective bargaining by certain solo self-employed people.

Both in the digital economy and beyond, some solo self-employed might be in a situation of unbalanced negotiating power vis-à-vis certain companies/buyers of labour, leading them to have little influence over their payment and working conditions. Collective bargaining can be a powerful tool to achieve better working conditions.

According to EU competition law, self-employed are considered ‘undertakings’ and thus risk infringing competition rules when they bargain collectively. Whilst it is not for competition policy to address the social challenges faced by self-employed people, the initiative could ensure that EU competition rules do not prevent self-employed in a weak position from engaging in collective negotiations or agreements to improve their working conditions. Any action in this field would at the same time need to ensure that consumers and small and medium-sized enterprises (SMEs) continue to benefit from competitive prices and innovative business models, including in the digital economy.

Between 6 January and 8 February 2021, the Commission published for feedback an inception impact assessment, where it set out four initial options in this regard. The options range from covering only platform work to covering all solo self-employed.

The Commission launches today a detailed public consultation, to gather further information about the current situation of solo self-employed, and to identify the added value of EU action in this area, the likely impact of the policy options and the preferences of stakeholders.

All stakeholders are invited to submit their views on the Commission’s consultation website until 28 May 2021.

The Commission will carefully review all input and will publish the stakeholders’ submissions and a summary of the main findings on the consultation website.

In parallel, on 24 February 2021 the Commission launched a first-stage consultation of European social partners on a separate initiative that focuses on the working conditions in platform work on the basis of the social policy provisions of the Treaty under Article 153 TFEU, which is not subject to this open public consultation.

Next steps

Subject to the outcome of the impact assessment, the adoption of an initiative is scheduled by the end of 2021.

In addition to the public consultation in the framework of this initiative, the Commission will also hold a dedicated meeting with social partners.

Background

President von der Leyen‘s mission letters addressed to Executive Vice-President Margrethe Vestager and Commissioner Nicolas Schmit underlined the importance in this mandate to “ensure the working conditions of platform workers are addressed.” This particular initiative forms part of the actions seeking to address this issue.

Article 101 of the TFEU prohibits anticompetitive agreements and decisions of associations of undertakings that prevent, restrict or distort competition within the EU’s Single Market.

The Court of Justice of the European Union has expressly excluded collective bargaining by employees and false self-employed from the scope of Article 101 TFEU. The initiative aims to clarify the applicability of EU competition law for collective bargaining by (genuine) self employed who are considered undertakings.

the sting Milestones

Featured Stings

Can we feed everyone without unleashing disaster? Read on

These campaigners want to give a quarter of the UK back to nature

How to build a more resilient and inclusive global system

Stopping antimicrobial resistance would cost just USD 2 per person a year

What does reimagining our energy system look like?

France pushes UK to stay and Germany to pay

Sudan: European Union provides €30 million in humanitarian assistance

Want a Sustainable Earth? Bring on the Fourth Industrial Revolution

Climate Change : An Already Health Emergency

Mergers: Commission clears E.ON’s acquisition of Innogy, subject to conditions

Governments, businesses ‘walk the talk’ for investment in sustainable development: UN forum

EU-U.S. Privacy Shield: Second review shows improvements but a permanent Ombudsperson should be nominated by 28 February 2019

Humanitarian aid: €7 million for disaster preparedness in Southern Africa and Indian Ocean region

As Yemen relief operations face funding gap, timing of surge in violence ‘couldn’t be worse’

Paid paternity leave should be the norm in the US

#UNGA NEWS ROUNDUP: Funding plea for UNRWA, Burkina Faso and CAR updates, Guterres praises climate change ‘pioneer’ Chirac

EU Border and Coast Guard: new corps of 10 000 border and coast guards by 2027

‘The clock is ticking’ on meeting the Sustainable Development Goals, says UN deputy chief

Robot inventors are on the rise. But are they welcomed by the patent system?

Why India can show us how to achieve growth with purpose

GSMA Announces New Keynote Speakers, Event Updates for 2019 “MWC Los Angeles, in Partnership with CTIA”

Back to the basics for the EU: Investment equals Growth

More electric cars on EU roads by 2030

10 ways central banks are experimenting with blockchain

Here’s a reason to feel cheerful – the world is full of Good Samaritans

Sassoli to EU governments: Rise to the challenge. Find new shared ways to finance our recovery

‘I don’t like to give up’: veteran UN envoy reveals how two decades of quiet diplomacy gave birth to North Macedonia

UN food agency appeals for access to key storage facility amid fight for Hudaydah

We lack a global framework for saving our environment. Here’s how we change that

Politics needs to “Youth UP” in order the ensure the future of our democracies

How cities, not states, can solve the world’s biggest problems

Why tourism policy needs to use more imagination

This new form of currency could transform the way we see money

This brand is recycling underwear – here’s why

FROM THE FIELD: Turning waste into a business in the slums of Yaoundé, Cameroon

Drought in Europe: Member States agree on support measures proposed by the Commission

WEF Davos 2016 LIVE: “Chinese economy has great potential, resilience and ample space for policy adjustment”, China’s Vice President Li Yuanchao reassures from Davos

EU ready to relinquish its internal tax havens

A Sting Exclusive: “Youth voice must be heard in climate change negotiations!”, Bérénice Jond Board Member of European Youth Forum demands from Brussels

The financial future of Eurozone on the agenda of Friday’s ECOFIN council

As children in Ebola-affected areas of DR Congo head back to school, UNICEF ramps up support

Ebola emergency chief decries new attacks on frontline staff, after DR Congo worker death

Azerbaijan chooses Greek corridor for its natural gas flow to EU

Donald Trump’s victory is a great opening for global EU leadership on the sustainability agenda

Coal addiction ‘must be overcome’ to ease climate change, UN chief says in Bangkok

Erasmus+ 2021-2027: more people to experience learning exchanges in Europe

COVID-19 vaccines: MEPs quiz top officials on authorisation and contracts

‘Uphold human dignity’, dismantle ‘specious notion of racial superiority’ urges UN chief

Parliament sets up plan to fight the 3,600 criminal rings of EU

FROM THE FIELD: Children in warzones denied right to education

LGBT community in Chechnya faces ‘new wave of persecution’: UN human rights experts

European Commission: Does Apple, Starbucks and Fiat really pay their taxes?

From zero to one: a realist’s guide to overcoming hopelessness

Colombia: ‘Terrible trend’ of rights defenders killed, harassed; UN calls for ‘significant effort’ to tackle impunity

Gender disparity in salary and promotion in medicine: still a long way to go

A Sting Exclusive: “Doing ourselves a favour”, Vice President Dombrovskis underscores that this time growth has to come from within the EU

Cyclone Fani hits India, UN moves to protect vulnerable refugees in Bangladesh

The business of media in 2021

Mergers: Commission approves acquisition of joint control over Prosegur Alarmas by Telefónica and Prosegur

DPRK reports ‘little progress’ since historic June 2018 summit with US

Emotional control and introspectivity in times of pandemic

A revolution, an ecosystem, an ocean: 5G is just the beginning

New Eurobarometer survey shows: The majority of Europeans think the EU should propose additional measures to address air quality problems

UN Mission, community leaders, condemn South Sudan violence which left two dead at camp

More Stings?

Advertising

Speak your Mind Here

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s