NMa: Competition Act does not allow tariff agreements for self-employed persons

The Netherlands Competition Authority (NMa) has today published a vision document setting out that 'self-employed persons without employees' (referred to in Dutch as 'zzp'ers') shall not establish tariff agreements (hourly rates) through collective bargaining contracts. Minimum tariffs would reduce competitive ability among self-employed persons. Consequently, clients and consumers would possibly pay too high prices.

'Self-employed persons should be categorised as entrepreneurs, not employees'. Employers and employers' associations are free to conclude collective bargaining contracts, though minimum tariffs for 'self-employed persons without employees' shall not be included', comments René Jansen, Member of the Board of the NMa. 'It should at all times be avoided that anti-competitive deals can be justified by reference to collective bargaining contracts'.


By means of its vision document, the NMa provides clarity to all 'self-employed persons without employees' within the Netherlands. Its viewpoint ties in with European case law on collective bargaining contracts. Media reports on the introduction of a collective bargaining contract for substitute members of symphony orchestras had prompted this investigation. One of the parties involved stated that the first collective bargaining contract for 'self-employed persons without employees' could set an example for other sectors featuring a high rate of independent 'one-man businesses'. The collective bargaining contract concerned has meanwhile been cancelled and will expire as of August 2008. A new collective bargaining contract for this sector will not include any provisions on tariffs for 'self-employed persons without employees'.