EU ANTITRUST: HOT TOPICS & NEXT STEPS

EU ANTITRUST: HOT TOPICS & NEXT STEPS 2022

Prague, Czechia

important because the idea of a Super League and, more generally, of a breakaway league still exists. This is not least the case because three of the original twelve participating clubs have still not withdrawn from the idea of a new league. In light of the above considerations, Articles 101 and 102 TFEU, in conjunction with the Wouters test, provide flexibility to take into account the specificities of sport and its legitimate objectives on a case-by-case basis. The ever-growing case law of the CJEU would at least provide some guidance by helping to identify which types of rules are normally considered compatible or incompatible with the Treaty. Provided that EU law is respected in areas such as free movement, non-discrimination, and competition, the promotion of self-regulation and the recognition of sports associations’ responsibility for governance would also be in the interest of sport governing bodies. This kind of EU regulation through the backdoor can be compared to the Commission’s efforts to control illegal fiscal state aid. Although direct taxation falls under the competence of Member States, the Commission and the EU Courts assess national tax laws and measures under Article 107(1) TFEU, so that Member States cannot adopt laws that violate EU law (fundamental freedoms are equally applicable). In this respect, intervention in sport should not be regarded as a withdrawal of Member State competence, but rather as a means to achieve the goal of making European sport genuinely interesting and the outcomes difficult to predict, accompanied by a gradual erosion of the monopolist structure in professional sport, especially in football. Thus, make it a truly European way of sport. References [1] Agafonova, R. (2019) International Skating Union versus European Commission: Is the European sports model under threat?. The International Sports Law Journal , Vol. 19, pp. 87–101. [2] Budzinski, O. and Szymanski, S. (2014) Are Restrictions of Competition by Sports Associations Horizontal or Vertical in Nature?. Ilmenau University of Technology Dis cussion Paper, Vol. 19, No. 86 . Ilmenau: Ilmenau Economics Discussion Papers. [3] Commission Decision of 27 October 1992, Distribution of package tours during the 1990 World Cup (IV/33.384 and IV/33.378), OJ L 326. [4] Commission Decision of 25 June 2002, ENIC/UEFA (AT.37806). [5] Commission Decision of 8 December 2017, International Skating Union’s Eligibility Rules (AT.40208), OJ C 148. [6] Commission Decision of 23 July 2003, Joint selling of the commercial rights of the UEFA Champions League (COMP/C.2-37.398), OJ L 291. [7] Commission White Paper (2007a), White Paper on Sport , COM(2007) 391 final. [8] Commission Staff Working Document (2007b), The EU and Sport: Background and Context – Accompanying document to the White Paper on Sport , SEC/2007/0935 final.

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