Regulating the New Self-Employed in the Uber Economy: What Role for Competition Law?
Precarious independent contractors, gig workers, Uber drivers and crowdworkers are topics of discussion in the labour law scholarship all over the world, but the application of the competition rules to freelancers is much less often debated. However, competition law is relevant not least of all because the cartel prohibition can and has been used to bar self-employed workers from collective bargaining. This presentation discusses the role that competition law can play in regulating the so called ‘new self-employed’ – precarious workers who are de jure considered to be micro-enterprises. Specific attention is paid to the newest type of ‘new self-employed’, namely those engaged for ‘on-demand’ work via matchmaking platforms like Uber or Amazon’s Mechanical Turk. The presentation aims to canvas the different types of regulatory instruments available to address exploitation concerns in the context of the Uber economy and discusses the role that competition law can play in the design of a regulatory regime.
Dr Victoria Daskalova, University of Twente
Dr Victoria Daskalova
University of Twente
Victoria Daskalova (BA, Duke University; LLM, MPhil, PhD, Tilburg University) is an Assistant Professor in Law, Governance & Technology at the University of Twente in the Netherlands. She is an extramural fellow at the Tilburg Law and Economics Center (TILEC) and a member of the Netherlands Institute for Law and Governance (NILG). In the past years, Victoria’s work has focused on competition issues in the food supply chain, including private labels, unfair contract terms and the exercise of buyer power. Currently, Victoria’s work seeks to examine questions related to sustainability, innovation and fairness in the application of competition law to new business models in the sharing economy, energy and health markets. In Melbourne, Victoria is involved in the Supermarket Power Project, coordinated by CLEN Director Prof. Caron BeatonWells. Her PhD dissertation on the application of the EU competition rules to buyer power is forthcoming in 2018 in the Edward Elgar Series on New Horizons in Law and Economics.