PRESS RELEASE

PROFESSIONAL ASSOCIATIONS: THE ANTITRUST AUTHORITY LAUNCHES INVESTIGATION AGAINST THE NATIONAL LEGAL COUNCIL FOR TWO AGREEMENTS THAT COULD POSSIBLY RESTRICT COMPETITION

With a circular on minimum tariffs and an opinion on internet sites that offer professional services at a reduced fee, the Council would limit the autonomy of individual practitioners

The Autorità Garante della Concorrenza e del Mercato, at its meeting held on 16^th July 2013, decided to launch an investigation into whether the National Legal Council (Consiglio Nazionale Forense) had put into effect two separate agreements aimed at limiting the autonomy of individual lawyers in the determination of professional fees and in the search for new customers.

At the root of the decision by the Antitrust Authority there were two distinct actions that were taken by the National Legal Council:

1) the publication, on the institutional website of the Council, of government fees, now repealed, accompanied by a circular issued in 2006 whereby a lawyer who asks for a professional fee that is below the minimum tariff may still be sanctioned in accordance with the Code of Conduct. According to the Authority, the action taken by the National Legal Council is not justified even within the framework of the “parameters” mentioned in article 13 of the legal reform of 2012 since these parameters cannot in any case become compulsory minimum tariffs.

2) opinion number 48/2012 issued by the Council whereby the use by lawyers of websites that offer discounts on professional services to associate consumers is in conflict with the ban on market domination laid down in article 19 of the code of legal conduct. According to the Antitrust Authority, this opinion, inhibiting the use of a new method for the assignment of work and censuring offers of service provision based on competitive advantage, could be regarded as having the effect of restricting competition among professionals. This opinion was issued in respect of the platform Amica Card, a circuit available to firms and professionals (including lawyers) who intend to promote their services by means of the internet, against the payment of a monthly fee; consumers-users who subscribe (free of charge or against payment) to membership of Amica Card, can secure, on concessional terms, the services advertised on the circuit directly by professionals who are members of this system.

The investigation must be concluded by 31^st October 2014.

Rome, 25^th July 2013