Ensuring adequate remuneration for vulnerable solo self-employed through collective bargaining – EU antitrust prohibition as a limit?

After the research project “The right to adequate remuneration for solo-entrepreneurs” has already shown that the international legal obligations ratified by European States require effective protection of an appropriate level of remuneration for solo self-employed workers, and ways to fulfil these obligations in national law have been identified, the question arises as to whether and to what extent remuneration regulations in favour of solo self-employed workers would be compatible with EU primary law. With regard to the collective negotiation of minimum wages, the extent to which the negotiation process and the agreements reached would be compatible with the prohibition of cartels under Art. 101 TFEU must be analysed. For this purpose, it is necessary to examine the relationship between EU and national antitrust prohibitions, the extent to which a cartel exception in favour of solo self-employed persons can be inferred from the case law of the CJEU and the content and consequences of the current 'Guidelines on the application of Union competition law to collective agreements regarding the working conditions of solo self-employed persons' of the European Commission.

Institutions

Publication Details

Journal
SHILAP Revista de lepidopterología
Published
2025-05-23
DOI
https://doi.org/10.6092/issn.1561-8048/22056
Primary Topic
Digital Economy and Work Transformation
Type
article
Field-Weighted Citation Impact
0.00
Controls
|||
ALL TIME
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
OCT
article

Ensuring adequate remuneration for vulnerable solo self-employed through collective bargaining – EU antitrust prohibition as a limit?

SHILAP Revista de lepidopterología
Digital Economy and Work Transformation
article

Ensuring adequate remuneration for vulnerable solo self-employed through collective bargaining – EU antitrust prohibition as a limit?

article en

Abstract

After the research project “The right to adequate remuneration for solo-entrepreneurs” has already shown that the international legal obligations ratified by European States require effective protection of an appropriate level of remuneration for solo self-employed workers, and ways to fulfil these obligations in national law have been identified, the question arises as to whether and to what extent remuneration regulations in favour of solo self-employed workers would be compatible with EU primary law. With regard to the collective negotiation of minimum wages, the extent to which the negotiation process and the agreements reached would be compatible with the prohibition of cartels under Art. 101 TFEU must be analysed. For this purpose, it is necessary to examine the relationship between EU and national antitrust prohibitions, the extent to which a cartel exception in favour of solo self-employed persons can be inferred from the case law of the CJEU and the content and consequences of the current 'Guidelines on the application of Union competition law to collective agreements regarding the working conditions of solo self-employed persons' of the European Commission.

SHILAP Revista de lepidopterología
Institute for Labour Law and Industrial Relations in the European Union (DE)
Decent work and economic growth
Openalex Percentile: Top 25%
Digital Economy and Work Transformation
AI Navigator

Ask Laika to Summarize, Analyze, and Connect papers live on the map.

Summarize Papers & Methodologies

Extract key findings, datasets, and comparative methods across publications.

Benchmark Rankings & Visual Analytics

Rank top research institutions, authors, funders, topics, and journals by Field-Weighted Citation Impact (FWCI) and paper volume with instant charts.

Connect Distant Disciplines

Bridge topological clusters on the map to find hidden collaborative intersections.