EU ANTITRUST: HOT TOPICS & NEXT STEPS

Prague, Czechia

EU ANTITRUST: HOT TOPICS & NEXT STEPS 2022

such activities should be excluded from the provisions of the Treaties governing the abovementioned freedoms of the internal market (Ryszka, op. cit.). The Court ruled that the right to engage in collective action to protect host country workers against possible social dumping practices may constitute an overriding reason in the public interest capable of, in principle, justifying a restriction of one of the fundamental freedoms (including the freedom to provide services). The Tribunal noted, however, that collective action of trade unions aimed at protecting employees by guaranteeing posted workers a higher level of working and employment conditions does not justify restricting the freedom to provide services, as the entrepreneur is obliged to comply with the most important mandatory minimum protection standards in the host Member State. 6. Conclusion Antitrust and competition laws have developed. However, it is worth putting more emphasis on the protection of workers’ rights, as excessive or overstated competition conditions force companies to become more and more efficient. Managers push for higher productivity, often by exploiting employees who, on the other hand, are also consumers of products and services provided by enterprises. Antitrust law interferes with the free market, i.e., it is, in a way, a tool of state intervention. It protects the market against excessive appropriation of the market position by one market player, so that it does not use its dominant position in relations with customers by imposing the offer, price, and features of the product offered. This means that the purpose of antitrust law is to protect the weaker market participant. Thinking in this way, we should also protect the weaker people within the organization, i.e., employees. There is no doubt that an employer is obliged to respect the provisions of the labour law. However, in addition to what is required by law, organizational culture in enterprises should also be developed. It is worth mentioning here the important role of the labour inspection in assuring that civil contracts meet the conditions of an employment contract.

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