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Football, Super League: FIFA and UEFA rules on prior approval of inter-club competitions are contrary to EU law

  • 21/12/2023

The CGEU noted, in its judgment No. 333 of 21 December 2023, that the organisation of inter-club football competitions and the exploitation of media rights are, of course, economic activities, which must comply with competition rules and freedoms of movement, even if the economic exercise of sport has certain characteristics, such as the existence of associations with certain regulatory and supervisory powers and the power to impose sanctions. The Court also held that if a dominant undertaking has the power to determine the rules, it is illegal for FIFA and UEFA to make any new inter-club football project, such as the Super League, subject to their prior approval and impose a ban on clubs and players from participating in those competitions. Similarly, the rules giving FIFA and UEFA exclusive control over the commercial exploitation of the rights attached to such competitions are likely to restrict competition, given their importance to the media, consumers and viewers in the EU.

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