The National Commission for Markets and Competition (CNMC) has imposed a €500,000 fine on the Barcelona Bar Association (ICAB) for failing to adhere to resolutions related to price recommendations for lawyers’ fees. This penalty stems from ICAB’s dissemination of fee guidelines, which the CNMC determined were effectively used as binding fee scales—a violation of competition law.
Background
In 2018, the CNMC sanctioned ICAB and eight other bar associations for issuing fee schedules, conduct prohibited under Article 1 of Spain’s Competition Act (Law 15/2007). The schedules were deemed anti-competitive as they constituted price recommendations for lawyers’ services in legal proceedings.
Following the 2018 ruling, ICAB submitted revised guidelines for assessing legal costs, which the CNMC approved in 2020. The new guidelines were intended to provide general criteria, avoiding the direct quantification of legal fees that had previously led to sanctions.
Breach of Resolutions
Despite assurances of compliance, the CNMC discovered that ICAB had disseminated the revised guidelines in a manner that effectively reinstated fee scales. The association shared these guidelines, including specific percentages and an automatic cost-calculation system, during training sessions attended by over 4,000 lawyers and other professionals across multiple bar associations.
This dissemination constituted a breach of the 2018 and 2020 resolutions. The CNMC classified this as a “very serious infringement” under Article 62.4(c) of the Competition Act.
Voluntary Payment and Fine Reduction
Before the resolution was finalized, ICAB opted for voluntary payment of the proposed fine under Article 85.3 of Spain’s Administrative Procedure Act (Law 39/2015). This allowed for a 20% reduction in the penalty, lowering the amount to €400,000.
Source: https://www.cnmc.es/prensa/multa-ilustre-colegio-abogados-barcelona
