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Proposed fixes to anticompetitive collegiate bylaws fall short

 |  July 20, 2012

The Comisión Nacional de la Competencia (CNC), Spain’s antitrust authority, reported recently that proposed legislation amending the bylaws of three professional colleges failed to resolve many anticompetitive concerns raised in an April 2012 CNC report. The royal decrees concern bylaws for Official Colleges of Agronomists (Colegios Oficiales de Ingenieros Agrónomos) and of their General Council, the Official College of Geologists (Colegio Oficial de Geólogos), and the Official Colleges of Spanish Agricultural Engineers and Agricultural Experts (Colegios Oficiales de Ingenieros Técnicos Agrícolas y Peritos Agrícolas de España) and their General Council.

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    Among its chief concerns, the CNC stated the drafts contained “improper provision for compulsory membership in order to pursue professional activities,” as well as provisions regulating work distribution, obligations “not to interfere with other professions,” and so-called “price harmonization.”

    The CNC repeated that there is a “pressing need for a national professional services statute” that does not distort competition.

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