Competition and Self-Employed Workers in Europe: Some Critical Reflections

Abstract

This article examines the complex relationship between European competition law and the collective rights of self-employed workers. It focuses on the implications of the FNV Kunsten case (C-413/13), which established the limits of applying Article 101 TFEU to collective agreements involving self-employed workers, distinguishing between genuine and bogus self-employment. The author critically analyses the European Commission’s 2022 Guidelines on collective bargaining for self-employed persons, assessing their effectiveness in extending protection to economically dependent or vulnerable self-employed individuals. The paper argues that, despite progress, significant gaps remain for certain categories of self-employed workers, who still risk exclusion from collective bargaining rights under EU competition law.