CASE COMMENTS: EUROPEAN AND FOREIGN LAW - SPAIN - PRICE RECOMMENDATIONS

Spain: The Audiencia Nacional confirms Spanish Competition Authority’s findings that three bar associations spread unlawful price recommendations to their members (Las Palmas, Alcalá de Henares and Guadalajara Bar Associations)

The Audiencia Nacional has confirmed the decisions adopted by the Spanish Competition Authority [“CNMC”] declaring that various Spanish bar associations had infringed Article 1 of the Spanish Competition Act [“LDC”] through the publication of recommended collective prices (Audiencia Nacional, judgments of 20 July 2021, appeals nº 710/2015, 471/2016 and 136/2017). In 2015 and 2016, the CNMC adopted three similar decisions imposing fines on three bar associations (Las Palmas, Alcalá de Henares and Guadalajara Bar Associations). According to these decisions, the associations had published in their webpages their Guiding criteria for the determination of legal fees which, after their quantification, constituted fee scales. The publication of these fee scales amounted to an infringement of

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Rafael Allendesalazar, Spain: The Audiencia Nacional confirms Spanish Competition Authority’s findings that three bar associations spread unlawful price recommendations to their members (Las Palmas, Alcalá de Henares and Guadalajara Bar Associations), 20 July 2021, Concurrences N° 4-2021, Art. N° 103472, pp. 188-189

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