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Legal Ethics and Professional Responsibility

2002

Laurel S. Terry

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Full-Text Articles in Law

Mdps, “Spinning,” And Wouters V. Nova, Laurel S. Terry Dec 2001

Mdps, “Spinning,” And Wouters V. Nova, Laurel S. Terry

Laurel S. Terry

This article is one of a series of articles by Professor Laurel Terry regarding the topic of MDPs of multidisciplinary partnerships. In February 2002, the European Court of Justice issued its opinion in Wouters v. NOVA (Case C-309/99), which addressed a Netherlands Bar rule that prohibited multidisciplinary partnerships (MDPs) between lawyers and accountants.  Wouters decided: 1) that the bar was an “undertaking” that was subject to the competition (antitrust) provision in the EU Treaty; 2) that the Dutch MDP ban restricted competition and that this restriction on competition was appreciable and affected intra-community trade; 3) that the Dutch MDP …

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Mdps, 'Spinning,' And Wouters V. Nova, Laurel S. Terry Dec 2001

Mdps, 'Spinning,' And Wouters V. Nova, Laurel S. Terry

Laurel S. Terry

In February 2002, the European Court of Justice issued its opinion in Wouters v. NOVA (Case C-309/99), which addressed a Netherlands Bar rule that prohibited partnerships (MDPs) between lawyers and accountants. Wouters decided: 1) that the bar was an undertaking that was subject to the competition (antitrust) provision in the EU Treaty; 2) that the Dutch MDP ban restricted competition and that this restriction on competition was appreciable and affected intra-community trade; 3) that the Dutch MDP ban could reasonably be considered necessary in order to ensure the proper practice of the legal profession; and 4) that it was reasonable …

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