Abstract
This article argues for the recognition of some professionals in employment as ‘undertakings’ on the grounds that they are ‘false employed’—a term inspired by Dutch Orchestra which regarded some self-employed musicians as ‘false self-employed’ who lost their status as ‘undertaking’. It teases out the potential parameters of this category by drawing on labour law research and suggests that it extends beyond the liberal professionals to include professionals employed in, for example, financial services and IT. Adopting this approach would secure the applicability of Art 101TFEU (and, presumably, equivalent provisions of national competition law in some Member States) to anti-competitive decisions of professional associations whose membership includes many employees.
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a callMore From: Journal of European Competition Law & Practice
Disclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.
