Start with ‘how’! Three scenarios for the scope of antitrust exemption for collective action by workers
To what extent should collective action by workers be subject to antitrust scrutiny?
More specifically, should an exemption be absolute (thus also covering blatantly anticompetitive, disproportionate clauses) or should it be qualified, and if so, to what extent? In the EU, the Albany doctrine provides a conditional exemption from antitrust for collective bargaining. The doctrine has come under pressure due to developments such as the growth of self-employment and platform work, as well as divergent interpretations from courts and authorities. Much has been written about the first condition. However, the question about the second condition of Albany has remained virtually unexplored.
This project will critically rethink the second condition of the Albany doctrine in light of past experience and recent developments. The project will construct three scenarios for the reinterpretation of the doctrine and provide guidelines for a more grounded approach to antitrust exemptions for collective action by workers
• V Daskalova, ‘Regulating unfair trading practices in the EU agri-food supply chain: A case of counterproductive regulation?’ (2020) 13(21) Yearbook of Antitrust and Regulatory Studies,
p. 7-53, DOI: 10.7172/1689-9024.YARS.2020.13.21.1
• V Daskalova, ‘The New Directive on Unfair Trading Practices in Food and EU Competition Law: Complementary or Divergent Normative Frameworks? (2019) 10 (5) Journal of European Competition Law & Practice, pp. 281–296, https://doi.org/10.1093/jeclap/lpz032
• V Daskalova, ‘The Competition Law Framework and Collective Bargaining Agreements for Self-Employed: Analysing Restrictions and Mapping Exemption Opportunities’ in B Waas, C Hießl, and N Countouris (eds), Collective Bargaining for Self-employed Workers in Europe: Approaches to Reconcile Competition Law and Labour Rights (Wolters Kluwer, 2021)