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EU competition update: CJEU deems minimum lawyers’ fees a by-object restriction; Commission SO in Norwegian salmon; HSBC bonds appeal hearing; merger clearances; MVBER evaluation timetable (25 January 2024)

Published on: 25 January 2024

Published by a LexisNexis Competition expert

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Antitrust Court of Justice recommends in national reference from Bulgaria that rules setting minimum remuneration for lawyer breach Article 101 TFEU

The Court of Justice delivered its judgment in Case C-438/22, Em akaunt BG, arising from a national reference by Bulgaria seeking guidance on the interpretation of Article 101 TFEU in relation to minimum remuneration for lawyers. The request was prompted by an earlier ruling in which the Court held that national measures that prevent a lawyer and client from agreeing fees below the minimum level set by regulations issued by the professional organisation of lawyers, and that also stop courts from ordering reimbursement of fees beneath that minimum, are capable of restricting competition in the internal market within the meaning of Article 101(1) TFEU. The present judgment confirms that it is for the referring court to assess whether the domestic regime pursues legitimate objectives that could justify those restrictions. The reference therefore sought clarification on the application of that principle to the Bulgarian framework on minimum fees, while the Court refrained from ruling on the national rules’ validity, leaving that appraisal to the national judiciary...

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