Antitrust law and the social right to labor bargaining: towards a collective autonomy «supervised» by the National Commission of Markets and Competency?

Abstract

At the community level, the social right to collective labor bargaining has the same legal status as freedom of competition. But the National Market and Competition Commission insists on subordinating the social right to economic freedom. With extreme zeal, the competition regulatory authority has been subjecting to strict supervision the exercise of both the right to collective bargaining (IV and V framework agreement of the port stowage sector) as well as the right to strike by the unions of the sector of the dock work. The Commission is applying a policy of control and pressure more typical of a power of intimidation (authoritarian) than of a democratic institution. In this analysis of labor news, a legal criticism is made of this type of practice as it is considered unjustified and disproportionate, therefore it violates the jurisprudence of the European Court of Justice, which, however, it claims to defend.