Brussels, 29 January 2008
Competition Commissioner Neelie Kroes said: “Most Europeans buy or sell a home or land at some point in their lives, and will have to pay the associated legal fees. This report presents the economic evidence that highly regulated systems are not better for consumers in terms of price and choice of legal services."
Internal Market and Services Commissioner Charlie McCreevy said: "There are no big surprises in this report and it is plain where consumers are being provided with more choice and lower costs."
The study led by ZERP at Bremen University carried out an analysis of the effects of professional regulation on the efficiency and performance of the conveyancing services market. Conveyancing services comprise, for example, pre-contract searches, transfer deed drafting, signature certification and deed registration in the Land Registry. This market is of direct interest to consumers and of high overall economic significance. It is estimated that property turnover in the EU27 for 2005 was almost €1,800 billion (16% of EU27 GDP) with the corresponding turnover in conveyancing services being around €16.7 billion. Measures to open up this market will therefore directly contribute to the Lisbon objectives of growth and jobs.
The study, surveying 21 EU countries, is the first of its kind and integrates a legal and economic approach. The different regulatory systems under which conveyancing services are provided were categorised into four regulatory models for analysis:
The legal part of the study assesses the justifications for restrictive professional regulation in this market. The study comes to the conclusion that, when put to the test, most of the arguments put forward do not seem to justify restrictions of the sort that feature in highly regulated systems.
The economic part examines empirically how professional regulation affects the market for conveyancing services by measuring the degree of regulation, the quality of services in a broad sense (using the results of a user survey) and level of fees. It examines the interplay between these using different classical econometric methods. This concludes that high levels of regulation generally go hand in hand with high prices whilst not resulting in higher levels of quality.
The Commission will now present the study to Member States, highlighting its results and asking for their reactions while encouraging them, when necessary, to consider appropriate reforms.
A full report of the study is available at: http://ec.europa.eu/comm/competition/sectors/professional_services/studies/studies.html