Monopoly position exploited
UEFA loses Super League dispute before ECJ
December 21, 2023, 10:05 a.m
After 17 months of proceedings, there is a verdict: The European Court of Justice makes a Super League in football at least theoretically possible and at the same time finds an “abuse of a dominant market position” by UEFA and FIFA. But that doesn’t mean that a Super League has to be approved.
The European Court of Justice has opened the door to the creation of a Super League. In its ruling, the highest European authority classified the monopoly position of the European Football Union (UEFA) and the world association FIFA as incompatible with European competition law. After a 17-month process in this regard, the way would be clear for the start of the controversial billion-dollar league. At the same time, that doesn’t mean that a Super League has to be approved.
The ECJ finds an “abuse of a dominant market position” by UEFA and FIFA. The judgment therefore contradicts the final submission of Attorney General Athanasios Rantos. This meant that the Super League was generally allowed to start its own operation, but could not demand simultaneous participation in the associations’ competitions without their consent. The 15 judges of the Grand Chamber overturned this second part and gave the drivers hope.
Accordingly, the threat of sanctions, including exclusion from UEFA or FIFA’s own competitions, is not legally compliant. According to the judgment of the powerful associations, this would be an abuse of the monopoly position within the meaning of competition law. Approval of new competitions by the two associations is not required.
After the resounding failure of its founding in April 2021, the drivers of a Super League sued the unfair monopoly position of UEFA and FIFA, and a Madrid court referred the case to the ECJ. The sports marketing agency A22, behind which the remaining supporters Real Madrid and FC Barcelona stand, joined the lawsuit and ventured again with a changed concept.
Since the dispute is not just about antitrust issues, a counterclaim from UEFA and FIFA could now follow in another area.
More on this shortly.