Full Description
As scholars and policymakers around the world seek a systematic approach to the question of 'gig work,' one of its regulatory dimensions - the intersection of labor and competition law - points toward a deeper reconceptualization of the conventional legal and economic categories typically brought to bear upon it. A comparative approach to the question of gig work further reveals the variety and contingency of background assumptions that are often overlooked in the context of domestic policy debates. By combining a detailed comparative doctrinal survey of the regulation of non-employee workers in domestic competition law systems with a set of essays reframing the underlying questions raised - in terms of international legal frameworks, freedom of association norms, alternative approaches to law and economics, and more - The Cambridge Handbook of Labor in Competition Law moves the debates over the fissured workplace and the labor - competition law intersection forward in novel ways.
Contents
1. Labor in competition: introduction Sanjukta Paul; 2. Collective labour rights for working people: the legal framework established by the International Labour Organization Tonia Novitz; 3. Economic coordination as freedom of association Alan Bogg; 4. The state's power to govern in this field is paramount: antitrust labor and the first amendment Charlotte Garden; 5. Competition law as collective bargaining law Nathan Tankus and Luke Herrine; 6. Antitrust free trade and fissuring Erik Peinert; 7. American antitrust exceptionalism Sanjukta Paul and Sandeep Vaheesan; 8. Competition and labour law in Canada: the contestable margins of legal toleration Eric Tucker; 9. Workers and competition law in Japan Masako Wakui; 10. Workers and competition law in Australia: the public benefits of collective bargaining Shae McCrystal; 11. Workers and competition law in New Zealand Dawn Duncan; 12. Competition law and labour law: South Africa D. M. Davis; 13. Workers and competition law in India: workers associations are mostly not cartels Supriya Routh; 14. Competition and labour law in the United Kingdom: history theory and practice Ewan McGaughey; 15. A solution in search of a problem? Collective rights and the antitrust labour exemption in Italy Antonio Aloisi and Elena Gramano; 16. Competition law and labour law in Germany: legitimate cartels? Maja Beisenherz; 17. Labour law and competition law under French regulation Leticia Driguez; 18. Competition law cartels and collective bargaining: an Irish goodbye? Michael Doherty; 19. The EU competition law and workers rights Nicola Countouris, Valerio De Stefano and Ioannis Lianos; 20. Is South American collective labor law confronted by competition law? A preliminary approach considering existing challenges Pablo Arellano Ortiz; 21. Conclusion: The themes of labor in competition law Shae McCrystal and Ewan McGaughey.
