The 2018 ECN+ Directive introduced new powers for national competition authorities (“NCAs”), in particular in terms of financial exposure and liability of trade associations and their members for infringements of competition law, such as cartels or illegitimate information exchanges.

At a time when antitrust authorities are starting to refocus on behavioural infringements following the lull of the pandemic years, the Linklaters Antitrust & Foreign Investment team examines the treatment of trade associations by certain European NCAs in the first decisions following the implementation of the ECN+ Directive.

This cross-jurisdictional piece considers some of the most recent case law and, where relevant, recently issued guidance and statements by these European NCAs (including the UK’s Competition & Markets Authority) on their future approach – in particular regarding sustainability matters in a context where trade associations are seen as increasingly important vehicles to achieve sustainability goals by setting industry standards in this regard.