Book contents
- The Cambridge Handbook of Labor in Competition Law
- The Cambridge Handbook of Labor in Competition Law
- Copyright page
- Contents
- Contributors
- Preface
- 1 Labor in Competition Law
- 2 Collective Labour Rights for Working People
- 3 Economic Coordination as Freedom of Association
- 4 The State’s Power to Govern in This Field Is Paramount: Antitrust, Labor, and the First Amendment
- 5 Competition Law as Collective Bargaining Law
- 6 Antitrust, Free Trade, and Fissuring
- 7 American Antitrust Exceptionalism
- 8 Competition and Labour Law in Canada
- 9 Workers and Competition Law in Japan
- 10 Workers and Competition Law in Australia
- 11 Workers and Competition Law in New Zealand
- 12 Competition Law and Labour Law
- 13 Workers and Competition Law in India
- 14 Competition and Labour Law in the United Kingdom
- 15 A Solution in Search of a Problem?
- 16 Competition and Labour Law in Germany
- 17 Labour Law and Competition Law Under French Regulation
- 18 Competition Law, Cartels and Collective Bargaining
- 19 The EU, Competition Law and Workers Rights
- 20 Is South American Collective Labor Law Confronted by Competition Law?
- 21 Conclusion
16 - Competition and Labour Law in Germany
Legitimate Cartels?
Published online by Cambridge University Press: 05 May 2022
- The Cambridge Handbook of Labor in Competition Law
- The Cambridge Handbook of Labor in Competition Law
- Copyright page
- Contents
- Contributors
- Preface
- 1 Labor in Competition Law
- 2 Collective Labour Rights for Working People
- 3 Economic Coordination as Freedom of Association
- 4 The State’s Power to Govern in This Field Is Paramount: Antitrust, Labor, and the First Amendment
- 5 Competition Law as Collective Bargaining Law
- 6 Antitrust, Free Trade, and Fissuring
- 7 American Antitrust Exceptionalism
- 8 Competition and Labour Law in Canada
- 9 Workers and Competition Law in Japan
- 10 Workers and Competition Law in Australia
- 11 Workers and Competition Law in New Zealand
- 12 Competition Law and Labour Law
- 13 Workers and Competition Law in India
- 14 Competition and Labour Law in the United Kingdom
- 15 A Solution in Search of a Problem?
- 16 Competition and Labour Law in Germany
- 17 Labour Law and Competition Law Under French Regulation
- 18 Competition Law, Cartels and Collective Bargaining
- 19 The EU, Competition Law and Workers Rights
- 20 Is South American Collective Labor Law Confronted by Competition Law?
- 21 Conclusion
Summary
The chapter examines the anticompetitive effect of collective agreements and other concerted practices on labour markets and the application of competition law in Germany. First, the chapter analyses the historical development of the fundamental right of freedom of association as the basis for further considerations, because competition law priviledges are granted to regulations falling into the scope of protection of the freedom of association. The chapter considers disputes over the coverage of the scope of protection of the freedom of associations in various contexts. The controversies attendant on the balance of entrepreneurial freedom and freedom of association are described as they impact the discussion on the application of competition law. The chapter takes particular account of the relevant case-law of the German Courts. The main set of regulations of collective labour agreements which could come into conflict with competition law, namely those concerning the kind of benefit agreed on, the group of people favoured by the collective agreement, or the parties concluding the agreement are examined. Finally, the approach to protect self-employed workers by including them in collective agreements is discussed.
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- Information
- The Cambridge Handbook of Labor in Competition Law , pp. 239 - 252Publisher: Cambridge University PressPrint publication year: 2022