Book contents
- The Cambridge Handbook of Labor in Competition Law
- The Cambridge Handbook of Labor in Competition Law
- Copyright page
- Contents
- Contributors
- Preface
- 1 Labor in Competition Law
- 2 Collective Labour Rights for Working People
- 3 Economic Coordination as Freedom of Association
- 4 The State’s Power to Govern in This Field Is Paramount: Antitrust, Labor, and the First Amendment
- 5 Competition Law as Collective Bargaining Law
- 6 Antitrust, Free Trade, and Fissuring
- 7 American Antitrust Exceptionalism
- 8 Competition and Labour Law in Canada
- 9 Workers and Competition Law in Japan
- 10 Workers and Competition Law in Australia
- 11 Workers and Competition Law in New Zealand
- 12 Competition Law and Labour Law
- 13 Workers and Competition Law in India
- 14 Competition and Labour Law in the United Kingdom
- 15 A Solution in Search of a Problem?
- 16 Competition and Labour Law in Germany
- 17 Labour Law and Competition Law Under French Regulation
- 18 Competition Law, Cartels and Collective Bargaining
- 19 The EU, Competition Law and Workers Rights
- 20 Is South American Collective Labor Law Confronted by Competition Law?
- 21 Conclusion
15 - A Solution in Search of a Problem?
Collective Rights and the Antitrust Labour Exemption in Italy
Published online by Cambridge University Press: 05 May 2022
- The Cambridge Handbook of Labor in Competition Law
- The Cambridge Handbook of Labor in Competition Law
- Copyright page
- Contents
- Contributors
- Preface
- 1 Labor in Competition Law
- 2 Collective Labour Rights for Working People
- 3 Economic Coordination as Freedom of Association
- 4 The State’s Power to Govern in This Field Is Paramount: Antitrust, Labor, and the First Amendment
- 5 Competition Law as Collective Bargaining Law
- 6 Antitrust, Free Trade, and Fissuring
- 7 American Antitrust Exceptionalism
- 8 Competition and Labour Law in Canada
- 9 Workers and Competition Law in Japan
- 10 Workers and Competition Law in Australia
- 11 Workers and Competition Law in New Zealand
- 12 Competition Law and Labour Law
- 13 Workers and Competition Law in India
- 14 Competition and Labour Law in the United Kingdom
- 15 A Solution in Search of a Problem?
- 16 Competition and Labour Law in Germany
- 17 Labour Law and Competition Law Under French Regulation
- 18 Competition Law, Cartels and Collective Bargaining
- 19 The EU, Competition Law and Workers Rights
- 20 Is South American Collective Labor Law Confronted by Competition Law?
- 21 Conclusion
Summary
This chapter investigates potential conflicts arising in the Italian legal framework between collective labour rights and the application of competition law to the constellation of personal labour relations that escape binary taxonomies. Its overarching goal is to understand whether and to what extent concerted wage-fixing practices are granted a special immunity. Historical evidence suggests that collective agreements covering the kaleidoscopic group of non-standard workers have never been targeted by the Italian competition authority. We situate the examination of labour antitrust exemption in the broader picture of the adequacy of the current mechanisms of “collective self-regulation” for self-employed workers. This chapter illustrates the Constitutional framework and case law developments on whether self-employed workers fall within the personal scope of collective rights. It also argues that several provisions corroborate that the Italian lawmaker often entrusts social partners in regulating specific aspects of the relationship of certain categories of self-employed workers. The chapter also presents a selection of collective agreements for non-standard workers, and then discusses how long-established trade unions have included non-standard workers in their membership through multiple, not necessarily successful, attempts. Finally, it presents practical hurdles that make it difficult to build impactful solidarity amongst non-standard workers.
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- The Cambridge Handbook of Labor in Competition Law , pp. 223 - 238Publisher: Cambridge University PressPrint publication year: 2022
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