Antitrust liability of Trade Association Members in case of infringement by the Trade Association

If your company is a member of one of the myriad of trade associations active in Spain you should stop for a second and think about this: your company may be found to be liable for antitrust fines imposed on the trade association of which your company is a member; and indeed your company is very likely to be found liable, since these associations usually lack any substantial economic capacity and very often association members are unlikely to reach any understanding to finance the association’s fine.

Although the below is drafted having Spanish law in mind, the legal conclusions are applicable mutatis mutandis, to EU law.

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