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Boards of 12 Bar Associations contested for possible competition-restricting agreements


PRESS RELEASE


 

PRESS RELEASE

PROFESSIONS: ANTITRUST CONTESTS THE BOARDS OF 12 BAR ASSOCIATIONS FOR POSSIBLE COMPETITION-RESTRICTING AGREEMENTS

Proceedings initiated to investigate the Bar Associations of Chieti, Rome, Milan, Latina, Civitavecchia, Tivoli, Velletri, Tempio Pausania, Modena, Matera, Taranto and Sassari. According to the Authority, the practices of these associations obstructed lawyers admitted to the bar in other Member States of the Union from entering the market for legal services. Contested for violation of Community law.

 

The Antitrust has launched an investigation to determine whether twelve Bar Associations have been engaging in competition-restricting agreements in order to prevent colleagues admitted to the bar in other European Union States from practicing law in Italy.

According to the Authority, which is presided over by Giovanni Pitruzzella, the Bar Associations in question (Chieti, Rome, Milan, Latina, Civitavecchia, Tivoli, Velletri, Tempio Pausania, Modena, Matera, Taranto and Sassari) engaged in practices that conflict with Community law criteria.

The investigation was triggered by two reports - one by an attorney admitted to the bar in Spain and the other by the Associazione Italiana Avvocati Stabiliti, which represents the holders of law degrees and those who have become qualified to practice law in the Community context.

According to these two complaints, the Bar Associations blocked enrollment in the register's special section for 'practicing attorneys,' thus violating the Community directive that was incorporated in Italian law by legislative decree no. 96 of 2001. This decree allows Member State citizens who are qualified to practice law in their country of origin to practice the legal profession in Italy on a permanent basis. Professionals seeking to practice in Italy first need to enroll in the special section, which enables them to practice with certain limitations. The only condition is that the professional is also enrolled with the competent bar association in their State of origin. After three years of regular and effective practice in the host country, the attorney may then enroll in the register of lawyers and practice the legal profession without any restrictions.

The Bar Associations' behaviors, which constitute a competition-restricting agreement designed to close the market to professionals admitted to the bar elsewhere in the Union, are also subject to European Commission review, which the Authority intends to support by applying its own antitrust powers against the Bar Associations themselves.

Rome – 11th January 2012