The Paradox of the Exclusion of Exploitative Abuse

Lyons, Bruce

doi:10.2139/ssrn.1082723

Cited by 17 publications

(7 citation statements)

References 31 publications

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“…Economists caution-with good reason-that authorities need to be rigorous in testing exploitative abuse claims for fear of unmeritorious claims. 180 This is one reason explaining authorities' reserved stance toward exploitative practices. This mismatch between the normative preferences of enforcers and the positive law has led to a dearth of case law and decision practice.…”

Section: Preventing Abuse Of Monopsony Powermentioning

confidence: 99%

Regulating the New Self-Employed in the Uber Economy: What Role for EU Competition Law?

Daskalova¹

2018

Ger. law j.

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This paper discusses the role that EU competition law can play in regulating the “new self-employed”—precarious workers formally considered to be micro-enterprises. Specific attention is paid to the newest type of “new self-employed,” namely those engaged via matchmaking platforms arranging for work to be contracted on demand. Despite their unequal bargaining position, self-employed individuals are barred from collective bargaining due to the EU competition rules. This Article argues that the problem will not be solved by modifying the respective tests for “worker” and “undertaking” in EU law, or by introducing exceptions under Article 101 TFEU. This Article then adopts a regulatory approach to canvass the different legal instruments available to address exploitation concerns in the context of the Uber economy, and discusses the role that EU competition law can play in such a regime.

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Section: Preventing Abuse Of Monopsony Powermentioning

confidence: 99%

Regulating the New Self-Employed in the Uber Economy: What Role for EU Competition Law?

Daskalova¹

2018

Ger. law j.

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“…Economists caution -with good reason -that authorities need to be rigorous in testing exploitative abuse claims for fear of unmeritorious claims. 168 This is one reason which explains authorities' reserved stance toward exploitative practices. This mismatch between the normative preferences of enforcers and the positive law has led to a dearth of case law and decision practice.…”

Section: "(A) Directly or Indirectly Imposing Unfair Purchase Or Sellmentioning

confidence: 99%

Regulating the New Self-Employed in the Uber Economy: What Role for EU Competition Law?

Daskalova

2017

SSRN Journal

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“…Whether this provision could be relied on, in conjunction with consumer protection rules, against such exploitative practices of financial institutions as subprime lending deserves investigation. Ironically, exploitative abuses are the only aspect of competition that have not been discussed in the reform discourse, although they cause the greatest consumer harm (Lyons, ).…”

Section: The Legitimacy Of Union Competition Law Reformsmentioning

confidence: 99%

Legitimacy and Multi‐Level Governance in European Union Competition Law: A Deliberative Discursive Approach

Cengiz

2015

J of Common Market Studies

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Union competition law protects 'consumer welfare', but what role do consumers play in competition policy-making? This is the question that this article seeks to answer. In the search for an answer, the article investigates the moral (output) and procedural (input) legitimacy of the recent competition law reforms. Following a discursive approach, the article looks into the roles played by institutions deliberating for citizens (consumer organizations, European Parliament and the Union Courts) in the reform process. This inquiry results in the questioning of the reforms' legitimacy, and it also leads to broader conclusions regarding the legitimacy of multi-level governance: expert discourses overshadow potential deliberative qualities of networks, which exacerbates networks' legitimacy problems. Also, the input/output legitimacy dichotomy appears problematic, as expert policy-making in the absence of citizen participation does not guarantee policies resonating with public interest.

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The Paradox of the Exclusion of Exploitative Abuse

Cited by 17 publications

References 31 publications

Regulating the New Self-Employed in the Uber Economy: What Role for EU Competition Law?

Regulating the New Self-Employed in the Uber Economy: What Role for EU Competition Law?

Regulating the New Self-Employed in the Uber Economy: What Role for EU Competition Law?

Legitimacy and Multi‐Level Governance in European Union Competition Law: A Deliberative Discursive Approach

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