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Why can not negotiate fees?

Most doctors do not understand why in light of the new omnibus bill, professional associations have formally banned the trading of any scale.

To clarify, we ask COMM Aurora Puche the legal argument of the constraints posed by the omnibus law for the establishment of fees and minimum scales or guidance. The following document was very kindly sent no:

" OMNIBUS APPLICATION OF THE LAW OF THE POSSIBILITY OF COVENANT OR ESTABLISHMENT OF MINIMUM SCALES U GUIDANCE FOR MEDICAL ACT"

"Law 25/2009, 22 December, to amend various laws to adapt to the Law on free access to activities and exercising, in force since last December, was born as a result of the implementation of the EU Directive on services in the market response, therefore the objective of establishing a legal framework to ensure free access to activities and exercising. His position regarding the categorical prohibition of scales due to the interpretation that in practice the same favor tacit price coordination distorting the free market and free competition. "

" This rule has been amended Law Schools professionals prohibition expressly stipulating that schools set not only indicative scales, but any other approach, recommendation, guideline, rule or regulation on professional fees. The clarity of the new Article 14 of Act - states in its title "Prohibition of recommendations on fees" - Leaves no room for ambiguity, categorically limiting the possibility that the Medical Associations covenant or establish minimum fees and not even approximate to those who, on a voluntary basis could accommodate their members.

"The legislature has only considered the possibility that schools can develop guidance criteria for the sole purpose of taxation of costs and the pledge of accounts of lawyers. We understand that this exception - introduced through an additional provision - is not a loophole by which to leave open the possibility of having guidelines on fees, but only aims to facilitate compliance collegiate institutions of their obligation to submit reports of the courts "