Complaint Lodged

Fairness In Fees Limited lodged a Complaint with the European Commission on 24th February 2016 challenging minimum fees charged by lawyers in Cyprus. Lawyers acting for Fairness in Fees Limited in the Complaint were represented by Hugh Barrett, Consulting Partner at BPE Solicitors.
 
​Counsel is Mr Robert O’Donoghue KC of Brick Court Chambers. He has an extensive reputation and expertise in EU competition law. His background and details can be found at:
 
http://www.brickcourt.co.uk/our-people/profile/robert-odonoghue-kc
 
Counsel’s view is that minimum fee practices were in clear breach of the price fixing and cartel provisions of Article 101 of the European Treaty and are therefore unlawful in European law. They create a serious distortion of competition in the legal market by setting a ‘floor’. Minimum fees set by professional regulators in Europe have been found to violate Article 101(1) by the Commission, the European Court of Justice and national competition authorities.
 
Counsel is extremely confident in his analysis and advised that as a result of the unlawfulness of the imposition of minimum fees members of the public could bring actions for recovery of overpaid fees. A claimant can claim overcharged fees from the CBA or any lawyer member of the CBA. Claims can relate to historic overcharged fees. Cyprus is a member state of the European Union. It is therefore required to comply with European legislation.