EU ANTITRUST: HOT TOPICS & NEXT STEPS

EU ANTITRUST: HOT TOPICS & NEXT STEPS 2022

Prague, Czechia

acknowledged a general right to bargain collectively to all self-employed persons so far, only to so called “false self-employed”. The prohibition of horizontal agreements set by the competition law is therefore still a restriction for them. In addition, the paper analysed the recent draft of guidelines of European Commission that concerns collective agreements of the solo self-employed persons with the counterparties (thus not only the business users acting on the platforms, but generally the solo self-employed persons). Although such guidelines are not generally legally binding, it provides at least some security for business users and for the platforms in the collective bargaining. These guidelines may be also one of the first complex inspiration for national institutions – not only for exemptions from enforcement of competition law for collective bargaining of certain self employed persons on the national level, but also as a useful source for national regulation in the field of collective bargaining of the self-employed persons. Acknowledgements The paper was drafted within the project UNCE/HUM/034 ‘Dependant work in the 21st century: issues and challenges’ (‘Závislá práce v 21. století: otázky a výzvy’). References [1] Biasi, M. (2018). We will all laugh at gilded butterflies. The shadow of antitrust law on the collective negotiation of fair fees for self-employed workers. European Labour Law Journal . Vol. 9 No 4, pp. 354–373. [2] Bisceglia, F., Cordone, D. and Petrucci, L. (2021). Online intermediation services and search engines: the 2021 budget law empowers the italian communications authority to enforce eu regulation 1150/2019 and sets forth new obligations [online]. [cit. 2021-12-30]. Available at: https://portolano.it/en/newsletter/portolano-cavallo-inform-digital-ip/ online-intermediation-services-and-search-engines-the-2021-budget-law-empow ers-the-italian-communications-authority-to-enforce-eu-regulation-11502019-and sets-forth-new-obligations. [3] Commission Notice Guidelines on ranking transparency pursuant to Regulation (EU) 2019/1150 of the European Parliament and of the Council of 8 December 2020, 2020/C 424/01 [online]. [cit. 2021-12-30]. Available at: https://eur-lex.eu ropa.eu/legal-content/EN/TXT/?uri=CELEX%3A52020XC1208%2801%29. [4] Czech Ministry of Economic Affairs and Employment of Finland (2020) . Relation ship between online platforms and businesses [online]. [cit. 2021-12-30]. Available at. https://tem.fi/en/relationship-between-online-platforms-and-businesses. [5] Czech Ministry of Industry and Trade. (2019). Implementation of Regulation (EU) 2019/1150 of the European Parliament and of the Council [online]. [cit. 2021-12-30]. Available only in Czech at: https://www.mpo.cz/cz/rozcestnik/ministerstvo/aplikace-

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