03/ benchmarking safely
Sector data, without a competition-law problem.
Benchmarking is the pillar only a trade body can own, and the one the competition regulator watches most closely.
The Competition and Markets Authority is plain that an association can itself be liable if it is used to breach competition law. Its guidance tells trade associations not to be a channel for sharing competitively sensitive information between members — pricing, customers or output plans — and not to issue formal or informal pricing recommendations (CMA).
That does not rule out a state-of-the-sector report. The CMA’s own line is that historical commercial information is far less likely to be competitively sensitive, particularly when individual businesses cannot be identified. So collect past figures, aggregate them before anyone sees them, publish ranges rather than a member’s own numbers, and never turn the findings into advice on what members should charge.
Run your survey through the check before it goes out. It follows the CMA’s list; anything borderline is a question for your lawyers, not your content team.