Key facts
- UEFA's rules granting it broad discretion to authorize or penalize competing football tournaments infringe EU competition law.
- The Court of Justice of the European Union (CJEU) issued a ruling on December 21, 2023, concerning Royal Antwerp Football Club.
- The CJEU confirmed that sport governing bodies' rules are subject to EU competition laws when related to economic activities.
- The ruling could lead to a large class-action lawsuit against UEFA.
- Attempts to establish breakaway competitions like the Super League are likely to be reinvigorated following the ruling.
A ruling by the Court of Justice of the European Union (CJEU) on December 21, 2023, has determined that UEFA's rules regarding the authorization of football competitions are in violation of EU competition law. The court found that UEFA, along with FIFA, possessed broad discretion to authorize or penalize clubs and players participating in unauthorized competitions, which infringes upon EU competition rules when these rules pertain to economic activities such as organizing competitions and commercializing broadcasting rights.
The case involving Royal Antwerp Football Club was one of three landmark rulings issued by the CJEU that addressed the powers of sports governing bodies. The court's decision reinforces that sports organizations are not exempt from EU competition laws to the extent that their rules impact economic activities. This clarification is expected to have significant practical implications, prompting sports governing bodies to review their existing rules for compliance and potentially encouraging renewed efforts to establish alternative competitions, such as the previously proposed European Super League.