Re-Thinking the Competition Law/Labour Law Interaction Promoting a Fairer Labour Market

52 Pages Posted: 17 Oct 2019

See all articles by Ioannis Lianos

Ioannis Lianos

University College London - Faculty of Laws; BRICS Competition Law & Policy Centre - HSE National Research University

Nicola Countouris

University College London - Faculty of Laws

Valerio De Stefano

KU Leuven - Faculty of Law

Date Written: October 8, 2019

Abstract

The spread of non-standard forms of work, including platform work, has created some friction between labour law and competition law, in particular concerning the collective bargaining of self-employed workers. This article aims to suggest a different, complementary rather than antagonistic, relationship between competition law and labour law. It initially explores the legal construction of the antagonistic relation between labour law and competition law, which is based on the conceptualisation of the two areas of law as separate and isolated legal fields. It explains that such conceptualisation is problematic as it leads to the risk of fundamental conflicts between the two disciplines and some uncertainty as to their respective scope, with the result that the level of labour protection may suffer. This calls for breaking the dichotomy and for ensuring a continuum of protection for various forms of labour, under both labour law and competition law. It thus puts forward concrete suggestions as to the strategies to be followed in order to achieve this goal.

Keywords: labour law, competition law, collective bargaining, self-employed workers, concept of undertaking, labour market power, labour market

JEL Classification: J2, J42, J48, J58, K21, L40

Suggested Citation

Lianos, Ioannis and Countouris, Nicola and De Stefano, Valerio, Re-Thinking the Competition Law/Labour Law Interaction Promoting a Fairer Labour Market (October 8, 2019). Available at SSRN: https://ssrn.com/abstract=3465996 or http://dx.doi.org/10.2139/ssrn.3465996

Ioannis Lianos (Contact Author)

University College London - Faculty of Laws ( email )

London
United Kingdom

BRICS Competition Law & Policy Centre - HSE National Research University ( email )

28/11, Shabolovka ulitsa
Moscow, 109028
Russia

Nicola Countouris

University College London - Faculty of Laws ( email )

Gower St
London WC1E OEG, WC1E 6BT
United Kingdom

Valerio De Stefano

KU Leuven - Faculty of Law ( email )

Tiensestraat 41
Leuven, B-3000
Belgium

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