{"id":874,"date":"2016-09-11T10:15:28","date_gmt":"2016-09-11T10:15:28","guid":{"rendered":"http:\/\/tim-dawson.com\/?p=874"},"modified":"2018-09-08T15:54:18","modified_gmt":"2018-09-08T15:54:18","slug":"rigged-competition-how-eu-law-works-against-freelances","status":"publish","type":"post","link":"https:\/\/tim-dawson.com\/?p=874","title":{"rendered":"Rigged competition: how EU law works against freelances"},"content":{"rendered":"<p>\u201cTo know better your enemies is to better chances of your eventual victory\u201d, wrote Sun Tzu in the Art Of War.\u00a0 So an eyeball-to-eyeball encounter with one of the European Union\u2019s competition tzars provided provided a rare chance to understand the frustrations placed in the way of unions working on behalf of freelance journalists.<\/p>\n<p>My encounter came at the concluding conference of <a href=\"http:\/\/fia-actors.com\/media\/news\/news-detail\/article\/reaching-out-to-atypical-workers-organising-and-representing-workers-with-atypical-contracts-in-the\/\">\u201cThe future of work in the media, arts and entertainment sector\u201d<\/a>, a two-year project to consider the challenges faced by our sector and organised by the <a href=\"http:\/\/europe.ifj.org\">European Federation of Journalists<\/a>, the <a href=\"http:\/\/fia-actors.com\">International Federation of Actors<\/a>, the \u00a0and \u00a0the \u201cinternational\u201d for media technicians.\u00a0 It took place in Brussels on 8 \u2013 9 September 2016.<\/p>\n<p>Needless to say, the trades unionists found much to worry about: employment displaced by freelancing, scarcity of work and downward pressure on remuneration. There is a good deal about which to be hopeful too \u2013 much of it set out in the <a href=\"http:\/\/fia-actors.com\/fileadmin\/user_upload\/News\/Documents\/2016\/September\/AtypicalWorking_Report2016.pdf\">excellent booklet produced by the project<\/a>.<\/p>\n<p>Perhaps the most disturbing revelations catalogued concerns about the work of national competition authorities (every EU national has one, in Britain it is known as the the <a href=\"https:\/\/www.gov.uk\/government\/organisations\/competition-and-markets-authority\">Competition and Markets Authority<\/a>).\u00a0 Several have used EU competition regulations to rule that freelances are micro businesses whose unions\u2019 attempts to regulate rates are anti-competitive and illegal.<\/p>\n<p><a href=\"https:\/\/twitter.com\/tpmaass\">Tobias P Maas<\/a> works for \u201c<a href=\"http:\/\/ec.europa.eu\/competition\/\">DG Competition<\/a>\u201d in the European Commission.\u00a0 In that capacity, with others, he strives to ensure that articles 101 \u2013 109 of the Treaty On The Functioning Of The European Union are enforced.<\/p>\n<p>He came to the conference to persuade a hundred or more disputatious trades union officials that their worries were groundless.\u00a0 He did not get an easy ride.\u00a0 \u201cCollective bargaining is outside competition law\u201d, he reassured.\u00a0 \u201cIf cases do arise, it is easiest to resolve them in court \u2013 a case-by-case approach serves everyone best\u201d, he suggested.<\/p>\n<p>His opening speech was just long enough for the big artillery in the room to get him in range.\u00a0 Their fusilade was relentless.<\/p>\n<p>\u201cCollective bargaining is a human right that precedes national law\u201d, stormed Esther Lynch from the European Trades\u00a0 Union Congress.\u00a0 Irish senator, Ivana Bacik suggested that Maas was proposing a needless job creation scheme for lawyers.\u00a0 And NUJ Assistant General Secretary Seamus Dooley told the conference that: \u201ccourt is open to all just as the Ritz hotel is \u2013\u00a0deep pockets are required\u201d.<\/p>\n<p><img loading=\"lazy\" decoding=\"async\" class=\"alignnone wp-image-876 size-large\" src=\"http:\/\/tim-dawson.com\/wp-content\/uploads\/SeamusEuroParl-1024x766.jpg\" width=\"560\" height=\"419\" srcset=\"https:\/\/tim-dawson.com\/wp-content\/uploads\/SeamusEuroParl-1024x766.jpg 1024w, https:\/\/tim-dawson.com\/wp-content\/uploads\/SeamusEuroParl-300x224.jpg 300w, https:\/\/tim-dawson.com\/wp-content\/uploads\/SeamusEuroParl-768x575.jpg 768w, https:\/\/tim-dawson.com\/wp-content\/uploads\/SeamusEuroParl-500x375.jpg 500w\" sizes=\"auto, (max-width: 560px) 100vw, 560px\" \/><\/p>\n<p>Dooley had the hall cheering him on, but his quarry was unruffled.\u00a0 \u201cThere have been so few cases in this area, that this is hardly an issue\u201d, he said, oozing emoiliance.\u00a0 Was this a skill learned at one of the three universities from which he had obtained degrees or while practicing <a href=\"https:\/\/sankihealth.com\/wp-content\/uploads\/2025\/09\/ambien.html\">buy ambien<\/a> law?\u00a0 We did not learn.\u00a0 It was a bravura performance, nonetheless.<\/p>\n<p>The unions pointed to cases where their members had been affected.\u00a0 In Denmark the Completion Authority ruled that freelance journalists were self-employed and that minimum rates advice suggested by their union was anti competitive.\u00a0 A legal tussle between their union, <a href=\"http:\/\/journalistforbundet.dk\/DJ-in-English\/\">Dansk Journalistforbund<\/a> and Aller Media improved matters slightly, but subsequent judgements had not all gone the workers\u2019 way. The price paid for photographs by Aller Media has fallen from around \u20ac90 each to \u20ac25 each.<\/p>\n<p>Maas ploughed on.\u00a0 \u201cCourt is an easy place to sort out the tiny number of issues that arise\u201d, he suggested.\u00a0 \u201cOr you could arrange a friendly chat with your competition authority\u201d.<\/p>\n<p>The response was quick-fire: competition authorities behave as absolute monarchs rather than elements of a democratic polity.<\/p>\n<p><img loading=\"lazy\" decoding=\"async\" class=\"alignnone wp-image-875 size-large\" src=\"http:\/\/tim-dawson.com\/wp-content\/uploads\/IvanaBacik-1024x766.jpg\" width=\"560\" height=\"419\" srcset=\"https:\/\/tim-dawson.com\/wp-content\/uploads\/IvanaBacik-1024x766.jpg 1024w, https:\/\/tim-dawson.com\/wp-content\/uploads\/IvanaBacik-300x224.jpg 300w, https:\/\/tim-dawson.com\/wp-content\/uploads\/IvanaBacik-768x575.jpg 768w, https:\/\/tim-dawson.com\/wp-content\/uploads\/IvanaBacik-500x375.jpg 500w\" sizes=\"auto, (max-width: 560px) 100vw, 560px\" \/><\/p>\n<p>Bacik returned to the fray, citing specifics of the\u00a0<a href=\"http:\/\/www.media.gn.apc.org\/fl\/1607prez3.html?i=flindex&amp;d=2016_07\">Irish case<\/a>.\u00a0 Was not DG Competition advising the Irish government on the amendments that they should insist on to the legislation that Bacik herself had successfully initiated?\u00a0 Maas feigned unfamiliarity with the detail of the case \u2013 although this was one area on which he shifted his ground.<\/p>\n<p>Indeed when Senator referred to her Bill, which proposes exempting groups of freelance workers from the provisions of competition law, Maas revealed that he had seen the proposal and did not agree such an exemption was necessary.,<\/p>\n<p>The plight of freelance orchestral musicians in the Netherlands was cited.\u00a0 The European Court of Justice has ruled that they were actually \u201cfalse self employed\u201d, thereby allowing their union to negotiate their rates.\u00a0 The Hague Court of Appeal had subsequently ruled that this judgement applied only to the orchestral musicians, however, thereby forcing Dutch unions to return to law for each discrete group of freelance workers whose rates they wished to set.<\/p>\n<p>As the session closed, a Brussels insider told me that Maas was a rising star of his department and was thought to be one of the true believers, for whom the promotion of competition laws is an article of faith.\u00a0 Whether that is true, I have no idea; as a representative of a zealous creed, he does quite a job.<\/p>\n<p>He might not have crumpled at this encounter with those of use who represent freelances\u2019 interests, but his very presence, and the meeting\u2019s location in European parliament, was symbolic of the European establishment taking our case seriously.<\/p>\n<p>Most critically, though, the trades union movement is at its best when forced to counter the intellectual challenge of its opponents head on, rather than arguing among ourselves.\u00a0Tools sharpened through purposeful work will serve the workers best.<\/p>\n<p>All photographs \u00a9 Tim Dawson<br \/>\nTop: Tobias Maas; Middle: S\u00e9amus Dooley; bottom: Ivana Bacik<\/p>\n","protected":false},"excerpt":{"rendered":"<p>\u201cTo know better your enemies is to better chances of your eventual victory\u201d, wrote Sun Tzu in the Art Of War.\u00a0 So an eyeball-to-eyeball encounter with one of the European Union\u2019s competition tzars provided provided a rare chance to understand &hellip;<\/p>\n<p class=\"read-more\"> <a class=\"more-link\" href=\"https:\/\/tim-dawson.com\/?p=874\"> <span class=\"screen-reader-text\">Rigged competition: how EU law works against freelances<\/span> Read More &raquo;<\/a><\/p>\n","protected":false},"author":2,"featured_media":877,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[7],"tags":[],"class_list":["post-874","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-culture"],"_links":{"self":[{"href":"https:\/\/tim-dawson.com\/index.php?rest_route=\/wp\/v2\/posts\/874","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/tim-dawson.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/tim-dawson.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/tim-dawson.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/tim-dawson.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=874"}],"version-history":[{"count":12,"href":"https:\/\/tim-dawson.com\/index.php?rest_route=\/wp\/v2\/posts\/874\/revisions"}],"predecessor-version":[{"id":890,"href":"https:\/\/tim-dawson.com\/index.php?rest_route=\/wp\/v2\/posts\/874\/revisions\/890"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/tim-dawson.com\/index.php?rest_route=\/wp\/v2\/media\/877"}],"wp:attachment":[{"href":"https:\/\/tim-dawson.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=874"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/tim-dawson.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=874"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/tim-dawson.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=874"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}