PRESS RELEASE

PROFESSIONAL ORDERS: THE ANTITRUST AUTHORITY LAUNCHES A PRELIMINARY INVESTIGATION AGAINST THE NATIONAL FORENSIC COUNCIL FOR TWO ALLEGED AGREEMENTS RESTRICTING COMPETITION

Individual professionals’ autonomy allegedly restricted with a circular on minimum tariffs and an opinion as regards websites offering professional services with reduced rates

In a meeting on 16^th July 2013, the Autorità Garante della Concorrenza e del Mercato resolved to launch a preliminary investigation so as to verify if the National Forensic Council entered into two distinct agreements aimed at limiting the autonomy of individual lawyers as regards the quantification of remunerations and the research of new clients.

The Authority’s resolution was based on two distinct behaviours carried out by the National Forensic Council (CNF):

1) the publication of ministerial tariffs – which had been abrogated - on the Council’s institutional website accompanied by a circular issued in 2006 on the basis of which the lawyer who asks for a remuneration below the minimum rate can be sanctioned on the basis of the Deontological Code. According to the Authority, the National Forensic Council’s behaviour is not justifiable not even within the ‘parameters’ mentioned by article 13 of the forensic reform of 2012 since said parameters cannot however become minimum mandatory tariffs.

2) the opinion no. 48/2012 given by the Council on the basis of which the use of websites, on behalf of lawyers, proposing to partner consumers discounts on professional services is in conflict with the prohibition to gain clients as provided for by art. 19 of the deontological forensic code. According to the Antitrust Authority said opinion, forbidding the use of a new channel of distribution and stigmatizing the offer of services based on economic moderateness, can limit competition among professionals. The opinion concerned the Amica Card platform, a circuit available for companies and professionals (among whom lawyers) intending to promote their services through the internet, upon the payment of a monthly fee. By subscribing (free or upon payment) to AmicaCard, consumers-users can purchase, at easy terms, the services advertised on the circuit directly from the adhering professionals.

The preliminary investigation must be concluded within 31^st October 2014.

Rome, 25^th July 2013