Case details

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Anticompetitive practices
Case reference
PRC/2015/6
Entities involved
  • Ordem dos Psicólogos Portugueses
Natural persons involved
No
Sector
  • Liberal Professions
Activity (NACE)
  • S94 - Activities of membership organisations
Investigated practice
  • Decision of association of undertakings
Legal provisions
  • European-TFEU-Article 101
  • National-Law 19/2012-Article 9
Case origin
Complaint
Dawn raids
No
Cooperation with sector regulators
Status
Closed
AdC’s decision
Commitment decision
Settlement
Sanction imposed
Summary of the case

On 19/02/2015, the Portuguese Competition Authority (AdC) opened an infringement proceeding against the Portuguese Psychologists' Association (Ordem dos Psicólogos), for suspected infringement of competition rules. The investigation found that points 3.5 and 3.7 of the Code of Ethics adopted by the Order of Psychologists prohibit psychologists, respectively, to take clients from other professionals and to establish professional relationships with clients who are being assisted by another psychologist, when the object of such relationship aims at the same purpose. The AdC considered that points 3.5 and 3.7 of the Code of Ethics were likely to constitute a limitation to the functioning of the market, namely because they could restrict the choice of clients/patients and the freedom to exercise the profession of psychologist. On 29 August 2016, in order to address the competition concerns raised by the AdC, the Portuguese Psychologists' Association presented a set of commitments, namely to change the wording of points 3.5 and 3.7 of the Code of Ethics, removing the prohibitions that prevent psychologists from attracting clients and establishing professional relationships with clients who are being assisted simultaneously by a colleague for the same purpose. The Association also undertook to publish the new version of the Code on its website with a reminder of the amendment to points 3.5 and 3.7 on the homepage, as well as to send out an informative circular to psychologists who are members of the Psychologists' Association, informing them of the said amendment and its entry into force. Considering the commitments presented by the Portuguese Psychologists Association, the AdC has concluded that it is in a position to accept the commitments presented, making their compliance mandatory for the Psychologists Association, as a way to ensure the application of the rules for the promotion and defence of competition in the sector of psychologists' professional services, in the respect for the principle of market economy and free competition, as well as for the consumers' interests.

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