Dagmar Schiek and Andrea Gideon on ‘Outsmarting the gig-economy through collective bargaining – EU competition law as a barrier?’ (2018) International Review of Law, Computers & Technology 32(2-3) 275

While the use of information technology can enhance personal self-determination, its use in the context of the gig-economy also creates the risk of entrenching casual, precarious and exploitative working conditions. A crucial question that arises is how far gig-workers are able to shape their work conditions. Within the sphere of employment law, the right of workers to organise collectively provides the opportunity to achieve just that. This paper, available here, aims to analyse the barriers posed by EU competition law to collective labour rights of gig-workers. It argues that EU competition law, as currently interpreted by the Court of Justice, would hinder collective organisation of those serving the gig-economy. It also advances an interpretation of the competition provisions which would allow EU competition law to adapt to recent developments in labour markets. It is structured as follows: A first section sketches the basic features of the gig-economy. The gig-economy is mainly characterised by the extensive use of IT for the distribution, allocation,…

Douglas Ginsburg and Cecilia (Yixi) Cheng  ‘The Decline in U.S. Criminal Antitrust Cases’ George Mason University Law & Economics Research Paper Series 19-31 (Forthcoming in Liber Amicorum Albert A. Foer (2020) Nicolas Charbit et al. (eds)

Criminal cartel prosecutions are at modern lows in the U.S. The authors of this paper, available here, offer three non-exclusive hypotheses for this decline: (1) increasingly large fines in multiple jurisdictions have lessened the incentive to apply for leniency in any one jurisdiction; (2) technology has caused the substitution of lawful tacit for unlawful express collusion; and (3) competition policy has succeeded in deterring cartel formation – at least among U.S. companies. Copyright: FT While the available data is too limited to reach a definite conclusion, it seems to support the third hypothesis: since 2008, investigations have focused predominantly on foreign companies, while both the number and share of investigated U.S. companies have decreased. This is consistent with the hypothesis that U.S. competition policy has been effective in deterring anti-competitive conduct by US companies. Section II describes the recent downward trend in cartel prosecutions. The number of criminal cases filed annually by the DoJ decreased from 90 in 2011 to 18 in…

Nikolaus Fink, Philipp Schmidt-Dengler, Konrad Stahl and Christine Zulehner on ‘Registered cartels in Austria: an overview’ (2017) European Journal of Law and Economy 44 385

Many countries used to allow firms to engage in anticompetitive practices as long as they registered their agreements with a government authority. This was the case in several European countries, such as Denmark, Finland, Norway, and Sweden after World War II; or the United States under the National Industrial Recovery Act (NIRA). In Austria, cartels were legal until the country’s EU accession in 1995. This paper.  available here, examines archival material on various types of registered horizontal cartels in Austria to learn about their inner working. It undertakes a content analysis of these legally binding cartel contracts with a view to identifying different collusion methods. In short, the authors find that these cartel agreements addresses those issues that the academic literature has identified as potential obstacles to sustaining collusion over time. In particular, the agreements set up compensation schemes, reporting requirements, rules for entry and exit, and mechanisms to ensure quick and credible punishment of cartel deviation. The paper is…