Antitrust, accordi collettivi e lavoratori autonomi: le linee guida della Commissione Europea

Dessi', Ombretta

2023-01-01

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Abstract

The contribution aims to examine the European Commission’s communication of the 29th of September 2022, concerning the guidelines on the application of Union competition law to collective agreements concerning the working conditions of solo self-employed persons. The author reflects on the innovations contained within this soft law act, compared to the jurisprudence of the Court of Justice of the European Union on the matter, of which she examines the main points, deducible from the Albany and FNV Kunsten cases. In particular, she focuses on the notion of solo self-employed persons, both those comparable to employees and those not comparable to the latter, on the rationale justifying the antitrust immunity of collective agreements signed by their representative organizations and on the effects that the guidelines could have on Italian law.