CASE COMMENTS: CARTELS – SCOPE OF APPLICATION – COLLECTIVE AGREEMENT – EMPLOYMENT AND WORK CONDITIONS

European economic area: The EFTA Court considers that the exemption from the EEA competition rules that apply to collective agreements does not cover the assessment of a priority of engagement rule or the use of a boycott against a port user in order to procure acceptance of a collective agreement requiring that the port user must give preference to buying unloading and loading services from a local company instead of using its own employees (Holship Norge / Norsk Transportarbeidforbund)

*This article is an automatic translation of the original article in French, provided here for your convenience. Read the original article. Can a framework agreement concluded between workers' and employers' representatives constitute a concerted practice which may restrict competition? This is in substance one of the questions referred to the Court of Justice of the European Free Trade Association (hereinafter EFTA Court) by the Supreme Court of Norway pursuant to Article 34 of the EEA Agreement. The case giving rise to the reference for a preliminary ruling before the EFTA Court concerns the dispute between Holship, a Norwegian transport company, whose main activity is fruit crate cleaning and the transport of certain goods, and NTF, a trade union which is a member of the

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  • European Court of Justice (Luxembourg)

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Etienne Thomas, European economic area: The EFTA Court considers that the exemption from the EEA competition rules that apply to collective agreements does not cover the assessment of a priority of engagement rule or the use of a boycott against a port user in order to procure acceptance of a collective agreement requiring that the port user must give preference to buying unloading and loading services from a local company instead of using its own employees (Holship Norge / Norsk Transportarbeidforbund) , 19 April 2016, Concurrences Nº 3-2016, Art. N° 80806, pp. 62-63

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