The Cambridge Handbook of Labor in Competition Law

This book explores labor and competition law in 14 jurisdictions and globally, addressing cutting-edge questions in the legal organization of markets.

Sanjukta Paul (Edited by), Shae McCrystal (Edited by), Ewan McGaughey (Edited by)

9781108830317, Cambridge University Press

Hardback, published 26 May 2022

450 pages
26.3 x 18.4 x 2.1 cm, 0.8 kg

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.

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.

Subject Areas: Employment & labour law [LNH], Competition law / Antitrust law [LNCH], Comparative law [LAM], Personnel & human resources management [KJMV2]