2026 has started and we are back with our blog! As many people set new resolutions for the new year, I thought this would be the perfect moment to suggest some antitrust goals for 2026. Looking back at 2025, two European Commission cases offer the ideal starting point. Both had one thing in common: The cartels were rooted in associations. This is a good reminder that trade associations can be valuable for business, yet they can also become antitrust minefields if not handled with care. That is why my proposition for 2026 is this: Remember why associations can be tricky and how to avoid potential antitrust pitfalls.
Two EU cases emerging from associations
Let us start by looking at the two European Commission cases from 2025 and what we can take from them for our resolution:
End-of-Life Vehicle (ELV) Recycling Cartel
In April last year, the Commission fined 15 car manufacturers and the European Automobiles Manufacturers´ Association (ACEA) a total of EUR 458 million, stating that for over 15 years, the parties (including the leniency applicant which was not fined) and the ACEA entered into anticompetitive agreements and engaged in concerted practices related to the recycling of ELVs. While the discussions took place under the sustainability label, the coordination went beyond legitimate cooperation (read more on antitrust and ESG here). According to the Commission, the parties shared commercially sensitive information, coordinated their behaviour towards dismantlers and agreed not to advertise recycling rates or recycled content in new cars to avoid consumer pressure for higher standards.
ACEA allegedly acted as the hub for these conducts by organising numerous meetings and contacts between the participants. The case illustrates how even well-intentioned initiatives – like sustainability goals – can cross the line when they involve sensitive technical or strategic information.
Starter Battery Cartel
And just as 2025 was coming to an end, in December the Commission fined three automotive starter battery manufacturers, as well as the trade association EUROBAT, a total of EUR 72 million for antitrust violations. According to the Commission, the manufacturers and EUROBAT entered into anticompetitive agreements and participated in concerted practices related to the sale of automotive starter batteries to OEMs.
The Commission claimed that the cartel restricted competition and may have led to higher prices for the manufacturing of cars and trucks in the EU. Unfortunately, the decision is not yet published, but we can take from the press release that the association seems to have been the starting point for the agreements and helped the manufacturers with their goal.
Associations in the national spotlight
Also on a national level, associations have regularly been in the regulators´ focus. Taking Germany as an example, many cartel cases had a link to activities in the context of a trade association. A good example is the so-called beer cartel in which a trade association provided the platform for the conduct. The parties concerned accounted for more than half of the beer sold in Germany. In 2013/14, the German Federal Cartel Office (FCO) imposed fines of around EUR 338 million on the companies and one regional trade association concerning illegal price fixing agreements for beer. Similarly, in 2018 and 2021, the FCO fined several steel companies and individuals as well as two trade associations approx. EUR 355 million for concluding price-fixing agreements and exchanging competitively sensitive information. In this case, the association allegedly played an active part by processing and providing the companies with data for their coordination.
Why associations are tricky
There are three particular risk factors to point out with regard to associations:
- Learning from the past: As we have seen, associations have been involved in various antitrust cases and regulatory investigations have often led to fines.
- Information Hub: The whole purpose of many associations is to exchange information – often between competitors. As such, trade associations can be somewhat close to crossing the line between sharing information in a compliant way and illegal information exchange.
- Regularity of contacts: Due to the official setting and the (often) frequent meetings, not rarely combined with some social events, the threshold for discussing antitrust-sensitive topics might sometimes be lowered.
Your Association Antitrust Resolutions for 2026 (and beyond)
As we have seen, the combination of antitrust and associations can be very diverse and therefore difficult to navigate. Therefore, let us remember some key aspects for the new year (and beyond), but if in doubt reach out to your compliance department or your favourite antitrust lawyer:
- No “antitrust-free zone”: Antitrust laws apply always and everywhere!
- Clean agendas only: Every meeting where (potential) competitors meet up should always be planned with a proper agenda with unambiguous wording.
- Walk out if necessary: Associations are the wrong place to be shy. If anything, that does not comply with antitrust laws happens, speak up and if necessary, leave the meeting (and inform your compliance department instantly).
Here´s to a successful 2026!
The new year looks promising and will surely bring plenty of events and surprises. Some of those might involve trade associations. I hope this post inspires you to set your own antitrust New Year´s resolution: Approach association meetings with confidence, but never without compliance. I wish you a successful new year!
Antitrustpolitics.com 