To save content items to your account,
please confirm that you agree to abide by our usage policies.
If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account.
Find out more about saving content to .
To save content items to your Kindle, first ensure email@example.com
is added to your Approved Personal Document E-mail List under your Personal Document Settings
on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part
of your Kindle email address below.
Find out more about saving to your Kindle.
Note you can select to save to either the @free.kindle.com or @kindle.com variations.
‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi.
‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.
This chapter focusing on US law first sets out the underlying rule against horizontal price-fixing—and many other forms of horizontal economic coordination beyond firm boundaries—that most directly implicates collective action among workers and other small players in the economy. It then briefly sets out the legal landscape of the various antitrust exemptions that can nevertheless shield such collective action from scrutiny: the labor exemption (exploring the relationship between the law in this area and the contemporary ‘fissured workplace’), the state action exemption, the various agricultural exemptions, and the lack of an exemption for small and medium-sized enterprises (despite sporadic movements toward such an exemption). While primarily descriptive, the chapter highlights the legal construction of economic coordination and competition from the ground-up—rather than preexisting ‘market competition’ regulated by law—and the largely invisible background role of firm-based coordination as the most significant antitrust exception of them all.
As an introduction to the volume, this chapter begins by reframing the commonly held notion that labor and competition law exist in a kind of natural conflict, both historically and conceptually. It also draws together themes from many of the other ‘framing’ chapters, which largely present issues that cut across jurisdictions and international frameworks. Finally, it puts the geographical coverage of the volume in perspective, highlighting related areas of inquiry yet to be explored.
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.
Arguments against the labor exemption to antitrust law are nothing new. While it is unlikely that the labor exemption will be literally repealed, the political orientation that the argument for repeal represents has, in effect, already won. The argument is important not because the obstacles that antitrust law places in the way of labor organizing are the most significant challenges facing American labor today (though they are important). Rather, it is important because it is perhaps the purest text for the underlying worldview that has driven the more general legal hostility toward the economic coordination rights of working people over the last few decades, which several other chapters in this volume set out in greater detail.
Email your librarian or administrator to recommend adding this to your organisation's collection.