Ripensando il rapporto tra il diritto della concorrenza e la contrattazione collettiva relativa al lavoro autonomo all’indomani della l. n. 81 del 2017 = Rethinking the relationship between competition law and collective bargaining relating to self-employment in the aftermath of Law n. 81 of 2017. WP C.S.D.L.E. “Massimo D’Antona”.IT – 358/2018

Biasi, Marco (2018) Ripensando il rapporto tra il diritto della concorrenza e la contrattazione collettiva relativa al lavoro autonomo all’indomani della l. n. 81 del 2017 = Rethinking the relationship between competition law and collective bargaining relating to self-employment in the aftermath of Law n. 81 of 2017. WP C.S.D.L.E. “Massimo D’Antona”.IT – 358/2018. [Policy Paper]

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Abstract

The essay concerns the relation between antitrust law and the collective agreements fixing the price of the services provided by self-employed workers. The Author focused on the well-known judgment of the European Court of Justice on the Dutch musicians and he contends that the antitrust exemption ought to be extended beyond the cases of employment and “false self-employment” (in its proper meaning). The argument is that, especially in the aftermath of the Italian Self-Employment Statute (Act No. 81 of 2017), the principle of freedom of union association, as enshrined at national level under article 39 of the Italian Constitution, should be construed as a fundamental social right of any individual who carries out personally or predominantly a working activity, thus shielded from any market-related evaluation.

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