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First Application by the French Competition Authority of the New Penalty Regime for Professional Associations

By  |  April 16, 2026

By: Julie Catala Marty & Rémi Beydon (BCLP)

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    This article from authors Julie Catala Marty & Rémi Beydon (BCLP) explores a March 2026 decision by the French Competition Authority fining the Syndicat National des Moniteurs du Ski Français €3.4 million for imposing exclusivity obligations on ski instructors. The case is notable as the first application of the revised penalty regime for professional associations, which allows fines based on the turnover of members rather than being capped at €3 million.

    The Authority found that the union had implemented and strengthened rules preventing instructors from working outside the ESF network, restricting their ability to join competing organizations or develop independent clientele. These obligations applied broadly across instructors regardless of status or discipline and extended throughout the year. The Authority concluded that such measures significantly limited professional mobility and distorted competition in the market for ski instruction services.

    In applying the new penalty framework, the Authority calculated the fine with reference to the combined turnover of member instructors but ultimately opted for a lump-sum amount to avoid disproportionate financial impact on individuals. It also made clear that the association’s inability to pay would not justify reducing the fine, as the law provides for a mechanism requiring members to contribute. Accordingly, the union was ordered to organize a call for contributions among its members if necessary to ensure payment.

    The decision also underscores broader enforcement trends, confirming that professional associations are subject to stricter scrutiny and that practices restricting labor mobility—such as exclusivity or no-poach arrangements—can raise significant competition concerns. It further highlights the Authority’s willingness to use its expanded powers to impose meaningful penalties and hold both associations and their members financially accountable.

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