A recent decision by a European court of Justice found that UEFA and FIFA violated EU law by excluding a potential competitor, which could pose a lasting challenge to their control in the long run, according to legal analysts, despite the current impact being minimal.
On Thursday, the European Court of Justice made a ruling that could potentially limit the monopoly powers of governing bodies in European sports. This decision also involved a ruling against the governing body of speed skating. These governing bodies often act as both regulators and market participants within their respective sports.
“Whole sports movements are looking at their governance procedures now and thinking about how they can continue to control their sports in a way that’s compatible with EU competition laws,” said Edge Hill University law professor Richard Parrish.
The European Court of Justice determined that UEFA and FIFA violated competition laws by prohibiting 12 clubs from establishing a European Super League. The court rejected the notion that sports governing bodies have the authority to arbitrarily exclude members who take part in competitions not sanctioned by them.
The decision, while not directly approving the Super League, mandates that UEFA and FIFA establish clear, fair, non-discriminatory, and proportionate rules for participation in rival leagues, potentially providing opportunities for new entrants.
“What will likely happen now is some sort of arrangement behind closed doors to allow some sort of pan-European league,” said Grahame Anderson, a barrister at Littleton Chambers.
In 2022, UEFA revised its regulations in anticipation of a decision like the one made on Thursday, and claims to be in accordance with all applicable European laws and regulations. This shift in the legal environment undermines its bargaining power in discussions with potential competitors. The updated regulations may make it challenging for UEFA to justify turning down a potential rival tournament that meets its new criteria or closely resembles its format.
“So what happens if the Super League or someone else says, we want to set up a league exactly like UEFA’s,” Parrish said. “What grounds would UEFA have to block that?”
The Super League was widely believed to be finished after Premier League clubs pulled out in 2021 due to public opposition. However, a smaller version of the league is still in legal battles with UEFA and FIFA in a Spanish court.
Major supporters such as Real Madrid and Barcelona praised the recent court ruling as a significant development for competition in football.
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