Lianos, I;
Countouris, N;
De Stefano, V;
(2019)
Re-thinking the competition law/labour law interaction: Promoting a fairer labour market.
European Labour Law Journal
, 10
(3)
pp. 291-333.
10.1177/2031952519872322.
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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.
| Type: | Article |
|---|---|
| Title: | Re-thinking the competition law/labour law interaction: Promoting a fairer labour market |
| Open access status: | An open access version is available from UCL Discovery |
| DOI: | 10.1177/2031952519872322 |
| Publisher version: | https://doi.org/10.1177/2031952519872322 |
| Language: | English |
| Additional information: | This version is the author accepted manuscript. For information on re-use, please refer to the publisher’s terms and conditions. |
| Keywords: | Labour law and competition law, collective bargaining, self-employed workers, concept of undertaking |
| UCL classification: | UCL UCL > Provost and Vice Provost Offices UCL > Provost and Vice Provost Offices > UCL SLASH UCL > Provost and Vice Provost Offices > UCL SLASH > Faculty of Laws |
| URI: | https://discovery.ucl.ac.uk/id/eprint/10081563 |
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