The interaction of competition and labour law with a focus on the gig economy

This chapter discusses the intersection of competition law and labour protections, with a focus on the gig economy. Under historic understandings, competition rules in both the EU and the US have not intersected with labour protections, such as regulations governing minimum wages and workplace conditions. Where they have applied they have been affirmatively hostile to collective bargaining and organising among professionals that fall outside the boundaries of the “employee” category. More recent academic and policy opinion sees labour rights as not inconsistent with competition policy, and recent enforcement has targeted worker welfare through challenges to non-competes and no-poach agreements. The gig economy lens gives greater justification to this development, with workers nominally participating as independent contractors and thus outside the reach of labour protections and collective rights. It also shifts the focus of how competition policy can interface with labour rights. We study here progress in the EU and the US toward advancing labour protection within competition policy, as well as allowing organizations not inherently inconsistent with competition rules. We conclude by comparing the systems and identifying places where the project is incomplete.