The
European Commission has ended its competition investigation against Cyprus over
a minimum fee arrangement for out of court legal services including drafting
contracts, drawing up wills, estates administration and company registration.
The
Commission raised concerns in April 2018 that Cyprus legislation, by encouraging
the Bar Association to adopt the minimum fee arrangements, could encourage
conduct that might prevent, restrict or distort competition in the internal
market. As such, the Commission raised
concerns that Cyprus could be in breach of Article 106 TFEU whereby member
states must refrain from encouraging undertakings or associations of
undertakings to favour or encourage anti-competitive behaviour that would
breach Article 101 of the TFEU.
Cyprus
amended its legislation in response to the Commission’s investigation. The Commission also closed a parallel
investigation into the minimum fee scale arrangements of the Cyprus Bar.
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