| Abstract [eng] |
This master thesis analyses the interaction between labour law and competition law in the context of the unravelling of restrictive agreements relating to employees. The topic is revealed by examining significant legal acts, Commission communications, scholars' conclusions in doctrine, case law, and interpretations by national competition authorities in some countries. After defining the concept of competition law and identifying the directions of the effects of competition in labour markets, each potential agreement identified and occurring in practice is analysed in a broader context in order to determine the impact of the agreement on the competition process. This paper analyses agreements between employers on the terms and conditions of employment of employees, and examines the potential impact of such agreements on the mobility of workers, on wages and on the competition process in general. It analyses the decisions of the competition authorities and provides operational principles for determining why such agreements should be considered restrictive of competition. It also examines the regulation of employer and employee agreements in Lithuania and the impact of these agreements on the competition process and on employees. In addition, collective agreements reached through collective bargaining are analysed to determine the extent to which they fall within the scope of the exemption from the competition rules and the conditions under which this exemption applies. Based on an analysis of two judgments of the Court of Justice of the European Union, the reasons for the existence of such an exemption are explained. The study as a whole reveals the close interaction between labour law and competition law, as the competition process suffers from unjustified restrictions on employees' rights and an exemption from competition rules is necessary for employees to secure greater bargaining power in collective bargaining. |
