The legal battle is on: seized by a Spanish court, European justice will now have to determine whether UEFA and FIFA are abusing a dominant position by opposing the Super League project led by Real Madrid president Florentino Perez , according to a judgment made public Thursday, May 13. The Madrid court referred a preliminary question to the Court of Justice of the European Union (CJEU) to find out whether the authorities violated Articles 101 and 102 of the Treaty on the Functioning of the European Union (TFEU), which prohibit monopolies.
Twelve clubs had shaken European football by announcing, in April, this closed competition project. Faced with the indignation of supporters but also many players and officials, nine had quickly given up but not Real Madrid, FC Barcelona and Juventus Turin.
In this judgment, judge Manuel Ruiz de Lara asks European justice if these articles prohibit soliciting “Prior authorization (…) for a third entity to launch a new pan-European club competition like the Super League ”, or if they prohibit these bodies from sanctioning the participants in this aborted project. UEFA has negotiated a sanction with the nine clubs who have withdrawn and opened a disciplinary investigation for the three remaining who risk suspension from competitions.
Obstruction of “potential market competition”
As a precautionary measure, this same magistrate had already prohibited UEFA on April 20 from ordering sanctions against clubs wishing to participate in the European Super League, and from taking any measure that could prevent the preparation and creation of the latter.
In the document submitted to the CJEU, the judge recalls that article 101 of the TFEU prohibits the practices “Whose object or effect is to prevent, curb or falsify the play of competition within a market”, although there are exceptions. The judge also asks if the threats of sanctions wielded by FIFA and UEFA against members of the Super League could “Enter the frame” of these exceptions. The judge notes, however, that opposition to this closed championship hinders “Potential market competition” and limit “Consumer choice”.