As part of the DFG-funded third-party funded project "The right to appropriate remuneration for solo self-employed persons" , one of the questions to be clarified was the extent to which Germany and Austria can implement international law requirements regarding the facilitation of collective wage bargaining (also) for solo self-employed persons into their respective national law without simultaneously coming into conflict with the EU antitrust prohibition under Article 101 TFEU.
Dominik Leist addresses this area of tension in an essay in which he examines the previous case law of the European Court of Justice and the guidelines of the European Commission on the application of the prohibition of cartels to solo self-employed persons, and examines each with regard to the possibilities of a consistent understanding of collective rights and cartel prohibitions in a multi-level system.
The article was published today in the Italian Labour Law E-Journal under an open source licence and is available at the following link: https://illej.unibo.it/article/view/22056.
Dominik Leist addresses this area of tension in an essay in which he examines the previous case law of the European Court of Justice and the guidelines of the European Commission on the application of the prohibition of cartels to solo self-employed persons, and examines each with regard to the possibilities of a consistent understanding of collective rights and cartel prohibitions in a multi-level system.
The article was published today in the Italian Labour Law E-Journal under an open source licence and is available at the following link: https://illej.unibo.it/article/view/22056.