2005/8/EC: Commission Decision of 24 June 2004 relating to a proceeding pursuant to Article 81 of the EC Treaty concerning case COMP/A.38549 — Belgian Architects' Association (notified under document number C(2004) 2180)

• Published date: 06 January 2005
• Date of Signature: 08 February 2005
• Subject Matter: Competition
• Official Gazette Publication: Official Journal of the European Union, L 4, 06 January 2005

6.1.2005 EN Official Journal of the European Union L 4/10

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COMMISSION DECISION

of 24 June 2004

relating to a proceeding pursuant to Article 81 of the EC Treaty concerning case COMP/A.38549 — Belgian Architects' Association

(notified under document number C(2004) 2180)

(Only the Dutch text is authentic)

(2005/8/EC)

On 24 June 2004, the Commission adopted a decision relating to a proceeding under Article 81 of the EC Treaty. In accordance with the provisions of Article 30 of Regulation 1/2003, the Commission herewith publishes the names of the parties and the main content of the decision, including any penalties imposed. In doing so, it has regard to the legitimate interest of the undertakings in the protection of their business secrets. A non-confidential version of the full text of the decision can be found in the authentic language of the case (NL) and in the Commission's working languages (FR, EN, DE) on DG COMP's website at http://europa.eu.int/comm/competition/index_en.html.

BACKGROUND

(1) The European Council meeting in Lisbon in March 2000 approved a programme of economic reform aimed at making the EU the most competitive and dynamic knowledge-based economy in the world by 2010. In improving the competitiveness of the European economy there is an important part to be played by professional services.

(2) The Decision on the scale of minimum fees drawn up by the Belgian Architects' Association is in line with the Commission's overall policy towards services in general and professional services in particular. This is reflected in the proposals for Directives on services (1) and on professional qualifications (2), and the Commission communication on competition in professional services (3). In this communication the Commission acknowledged that some regulation in the sector of professional services may be justified, for instance to reduce the asymmetry of information between customers and service providers. It however expressed its belief that in some cases more pro-competitive mechanisms than those which presently exist can and should be used.

(3) Professional services are usually characterised by a high level of regulation, in the form of either state regulation or self-regulation by professional bodies. Some of this regulation is potentially restrictive, the five main categories being (i) price fixing, (ii) recommended prices, (iii)

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