Thread by @_aloisi

New draft out, Elena and I demonstrate that in 🇮🇹 #selfemployed organizing and bargaining are long-standing, embedded in collective agreements, and acknowledged by the law: ssrn.com/abstract=38237… forthcoming in @sanjuktampaul, McCrystal & @ewanmcg, “Labor in #CompetitionLaw” CUP

The chapter’s overarching goal is to understand whether and to what extent concerted wage fixing practices are granted a special (express or implied) immunity at the domestic level.
Addressing this issue is vital to unravel the nature and scope of #antitrust labour exemptions...

A topic that is gaining attention at a time when numerous non-standard workers are unreasonably left under- or un-protected due to legal uncertainties and loopholes resulting in their exclusion from the scope of application of several social measures. See: socialeurope.eu/collective-voi…

Amongst other things, a short-sighted interpretation and application of antitrust restrictions may be problematic. Workers face the risk that collective negotiation outcomes could be vulnerable, as zealous competition authorities may challenge them. See: hdl.handle.net/1814/63264

However, in 🇮🇹 the assumption that any form of coalition and collective bargaining process of self-employed workers would hamper the proper functioning of the free market, leaving space for cartels or other concentration, is not justified under any equity and factual argument

Several provisions corroborate that the lawmaker often entrusts social partners in regulating specific & meaningful aspects of the working relationship of self-employed, proving that there is no inconsistency between antitrust law and collective negotiation of contractual terms

Indeed, historical evidence suggests that collective agreements covering the kaleidoscopic group of non-standard workers, including genuine self-employed ones, have never been targeted by the Italian competition authority. Comments are welcome. Many thanks to the amazing editors!