Communication from the commission Guidelines on the application of Union competition law to collective agreements regarding the working conditions of solo self-employed persons 2022/C 374/02

COMMUNICATION FROM THE COMMISSION Guidelines on the application of Union competition law to collective agreements regarding the working conditions of solo self-employed persons (2022/C 374/02) 1. Introduction (1) These Guidelines set out the principles for assessing under Article 101 of the Treaty on the Functioning of the European Union (‘TFEU’) agreements between undertakings, decisions by associations of undertakings and concerted practices (collectively referred to as ‘agreements’) concluded as a result of collective negotiations between solo selfemployed persons and one or several undertakings (‘the counterparty/-ies’), concerning the working conditions of solo self-employed persons. (2) For the purposes of these Guidelines, the following definitions apply: (a) ‘solo self-employed person’ means a person who does not have an employment contract or who is not in an employment relationship, and who relies primarily on his or her own personal labour for the provision of the services concerned; (b) ‘counterparty’ means an undertaking to which solo self-employed persons provide their services, namely their professional customer, including associations of such undertakings; (c) ‘collective agreement’ means an agreement that is negotiated and concluded between solo self-employed persons or their representatives and their counterparty/-ies to the extent that it, by its nature and purpose, concerns the working conditions of such solo self-employed persons (1); (d)...