'I’ll call my Union', said the driver - Collective bargaining of Gig Workers under EU Competition Rules

37 Pages Posted: 7 Dec 2020

See all articles by Maria José Schmidt-Kessen

Maria José Schmidt-Kessen

Central European University (CEU) - Department of Legal Studies

Christian Bergqvist

University of Copenhagen - Faculty of Law

Catherine Jacqueson

University of Copenhagen - Faculty of Law

Yvette Lind

Department of Law and Governance at BI Norwegian Business School; Business History Centre at BI Norwegian Business School

Max Huffman

Indiana University Robert H. McKinney School of Law

Date Written: December 7, 2020

Abstract

This article seeks to contribute to the current debate on the assessment of collective bargaining for self-employed service providers in the gig economy (“gig workers”) under EU competition law. In order to identify possibilities for EU competition policy makers and courts to accommodate collective bargaining of gig workers, we look for inspiration in general EU law, tax and social security law, as well as US antitrust law. We identify and discuss the advantages and drawbacks of four options that would allow for collective bargaining of gig workers under EU competition law: (i) classifying gig workers as employees, (ii) analysing collective bargaining agreements as “by effect” restrictions of competition under Article 101 (1) TFEU, (iii) carving a legitimate objective exception for collective bargaining of gig workers, and (iv) encouraging Member States to enact laws that explicitly allow for collective bargaining in certain gig economy sectors.

Keywords: EU competition law, gig workers, collective bargaining, EU law, EU tax law, EU social security law

JEL Classification: K21, K34, K39, J50

Suggested Citation

Schmidt-Kessen, Maria José and Bergqvist, Christian and Jacqueson, Catherine and Lind, Yvette and Huffman, Max, 'I’ll call my Union', said the driver - Collective bargaining of Gig Workers under EU Competition Rules (December 7, 2020). Copenhagen Business School, CBS LAW Research Paper No. 20-43, Available at SSRN: https://ssrn.com/abstract=3744177

Maria José Schmidt-Kessen (Contact Author)

Central European University (CEU) - Department of Legal Studies ( email )

Quellenstr 51
Vienna, 1100
Austria

Christian Bergqvist

University of Copenhagen - Faculty of Law ( email )

Karen Blixens Plads 16
COPENHAGEN, 2300
Denmark

Catherine Jacqueson

University of Copenhagen - Faculty of Law ( email )

Nørregade 10
Copenhagen, København DK-1165
Denmark

Yvette Lind

Department of Law and Governance at BI Norwegian Business School ( email )

Nydalsveien 37
Oslo, 0442
Norway

Business History Centre at BI Norwegian Business School ( email )

Nydalsveien 37
Oslo, 0442
Norway

Max Huffman

Indiana University Robert H. McKinney School of Law ( email )

530 West New York Street
Indianapolis, IN 46202
United States

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