The French Competition Authority has imposed a fine of €3.4 million on the National Union of French Ski Instructors for engaging in anti-competitive practices by restricting the professional freedom of ski instructors affiliated with its network.
The decision concerns an exclusivity obligation introduced in 2006 within the standard agreement governing instructors operating under the École du Ski Français system. This clause prohibited member instructors from offering ski lessons outside ESF schools, whether independently or through competing organizations. Given that these instructors are self-employed, the Authority found that such a restriction significantly limited their ability to conduct business freely and curtailed competition in the provision of ski instruction services across France.
According to the Authority, the broad scope of the exclusivity clause amounted to a generalized restriction of competition, effectively locking in instructors within the ESF network and reducing market access for alternative providers. The practice was therefore квалиfied as a restriction of competition “by object” under Article 101(1) of the Treaty on the Functioning of the European Union, as well as under the corresponding provisions of French competition law.
In its reasoning, the Authority emphasized that sporting activities are fully subject to competition rules, in line with the case law of the Court of Justice of the European Union. It referred in particular to recent judgments confirming that regulatory or organizational frameworks in sports must comply with EU competition principles, reinforcing the applicability of these rules beyond traditional commercial sectors.
The decision also underscores broader concerns regarding agreements that restrict worker mobility and limit competition between companies relying on independent professionals. In this respect, the Authority’s findings align with its previous enforcement actions addressing anti-competitive labor market practices, including cases involving anti-poaching agreements in technical and consulting sectors.
In determining the level of the fine, the Authority applied for the first time updated provisions under French law allowing penalties to be calculated based on the aggregated worldwide turnover of members of an association active in the affected market, up to a ceiling of 10 percent. Additionally, it ordered the SNMSF to seek financial contributions from its members to ensure payment of the fine in the event that the association itself is unable to cover the full amount.