Sports & Competition Law

Foreword Sports & competition law: An overview of EU and national case law

“The NCAA is not above the law”. This statement of US Supreme Court (USC) Justice Kavanaugh, expressing a self-evident fact, makes it obvious that the sporting federations have had difficulties in the past realizing that competition law applies to their rules and regulations. The European Court of Justice (ECJ) in Meca-Medina unveiled the general applicability of competition law to sports regulations and offered the Wouters criteria in case that specific sporting provisions pursue specific goals, which are not in themselves contrary to Art. 101 TFEU, in a proportionate, non-discriminatory manner. The ISU case is a gamechanger, where the Commission has chosen to render a prohibition decision instead of just accepting commitments. With the prohibition decision in ISU, the Commission has shown a deep understanding of the basic problems clubs and athletes have to experience every day when dealing with federations. With the GC judgment the legal certainty which can be derived from this decision is once more enlarged. In this Foreword, I have highlighted the major decisions in sports and competition law, not dealing with cases which take place in the sports branch but which are not sports-specific, such as decisions dealing with distribution agreements, and also leaving aside procedures which have not yet been closed by decision or just fact-based interim assessments.

Read more
Meo-Law (Munich)
Germany 1 contribution 1678 visits

Anticompetitive practices

 The US DoJ announces the launch of a joint initiative to deter, detect, and prosecute collusive schemes related to the provision of goods and services in connection with the 2026 FIFA World Cup
US Department of Justice (Washington)
United States 180 contributions 79254 visits
United States, Mexico, and Canada Launch Joint Initiative to Detect Collusive Schemes Seeking to Exploit the 2026 FIFA World Cup* The Justice Department announced today, alongside its partners from Mexico’s Federal Economic Competition Commission (COFECE) and Canada’s Competition Bureau, the (...)

The Mexican Competition Authority announces the launch of a joint initiative to deter, detect, and prosecute possible anti-competitive conduct by businesses and individuals involved in the provision of goods and services related to the 2026 FIFA World Cup
Mexican Competition Authority (Mexico City)
Mexico 139 contributions 26927 visits
Cofece Launches Joint Initiative with Partners from the United States and Canada within the framework of the 2026 FIFA World Cup* Mexico City, September 22, 2023.- The Federal Economic Competition Commission (COFECE) announced today, alongside its partners from the US Department of Justice (...)

The Canadian Competition Authority partners with the US DoJ and Mexican Competition Authority to deter anticompetitive conduct leading to the 2026 FIFA World Cup
Canadian Competition Bureau (Gatineau)
Canada 84 contributions 11578 visits
Competition Bureau partners with the United States and Mexico to deter anti-competitive conduct leading to 2026 FIFA World Cup* News release The Competition Bureau, alongside the U.S. Department of Justice Antitrust Division and the Federal Economic Competition Commission of Mexico, (...)

The French Competition Authority publishes its opinion on the draft decree aimed at extending the duration of professional football broadcasting rights to five years
French Competition Authority (Paris)
France 747 contributions 408240 visits
Extending the duration of professional football broadcasting rights to five years: The Autorité de la concurrence publishes its opinion on the draft decree and invites the Government to undertake a more comprehensive review* Background The Autorité de la concurrence has been referred to by (...)

The UK Competition Authority issues an infringement decision finding that a football club and a sports equipment retailer colluded to restrict competition in the sales of sports-branded clothing and replica kit (Leicester City FC / JD Sports)
Cleary Gottlieb Steen & Hamilton (London)
United Kingdom 27 contributions 8822 visits
,
Cleary Gottlieb Steen & Hamilton (London)
United Kingdom 13 contributions 3482 visits
,
Cleary Gottlieb Steen & Hamilton (London)
United Kingdom 1 contribution 189 visits
…
CMA Fines Leicester City FC for Anticompetitive Pricing Practices* On 31 July 2023, the Competition and Markets Authority (CMA) issued an infringement decision finding that Leicester City Football Club and JD Sports had colluded to restrict competition in the sales of Leicester City-branded (...)

The German Competition Authority moves to make commitments offered by the national football league to address the 50+1 rule and benefactor exemptions binding (DFL)
German Competition Authority (Bonn)
Germany 457 contributions 116350 visits
50+1 proceeding – commitments offered by DFL to be declared binding* Bonn, 13 July 2023: In the proceeding assessing under competition law the so-called 50+1 rule, the Bundeskartellamt intends to declare binding the amendments to Deutsche Fußball Liga’s (DFL’s) League Statutes that DFL has (...)

The UK Competition Authority provisionally fines a premier league football club up to £880k after it admitted to an anticompetitive arrangement with a sports clothing retailer which reported the arrangement under the Authority’s leniency policy (Leicester City FC / JD Sports)
Jones Day (London)
United Kingdom 3 contributions 660 visits
,
Jones Day (Brussels)
Belgium 21 contributions 9815 visits
,
Jones Day (Washington)
United States 4 contributions 892 visits
…
The UK’s Competition and Markets Authority ("CMA") will fine Leicester City Football Club ("LCFC") up to £880k after it admitted to an anticompetitive arrangement with sports clothing retailer JD Sports, which reported the arrangement under the CMA’s leniency policy. Both LCFC and JD Sports (...)

The Belgian Competition Authority sends a Statement of Objections to two betting companies for an alleged anticompetitive agreement in the Belgian horse racing sector (Ladbrokes / PMU)
Van Bael & Bellis (Brussels)
Belgium 64 contributions 28344 visits
,
Van Bael & Bellis (Brussels)
Belgium 61 contributions 25883 visits
,
Van Bael & Bellis (Brussels)
Belgium 63 contributions 27494 visits
…
On 3 July 2023, the Belgian Competition Authority (Belgische Mededingingsautoriteit / Autorité belge de la Concurrence – the BCA ) sent a Statement of Objections to Pari-Mutuel Urbain ( PMU ), Derby and Tiercé Ladbroke. The BCA suspects these firms of having entered into anticompetitive (...)

The Brussels Markets Court of Appeal declares an appeal in a case involving the national football association moot following a Supreme Court judgment (Virton / RBFA)
Van Bael & Bellis (Brussels)
Belgium 163 contributions 56017 visits
,
Van Bael & Bellis (Brussels)
Belgium 43 contributions 12012 visits
On 28 June 2023, the Markets Court of the Brussels Court of Appeal (Marktenhof / Cour des marchés – the Markets Court) declared an appeal against a decision of the Competition College (Mededingingscollege / Collège de la Concurrence) of the Belgian Competition Authority (Belgische (...)

The Polish Competition Authority imposes fines on a competition-limiting agreement in speedway racing (Polish Automobile and Motorcycle Federation / Ekstraliga Żużlowa)
Polish Competition Authority (Warsaw)
Poland 120 contributions 22532 visits
Competition-limiting agreement in speedway - decision of President of UOKiK* Determination of maximum remuneration rates for speedway racers competing in Polish leagues has been an act of violation to the competition regulations. As a result, free competition among clubs aimed at finding the (...)

The US Court of Appeals for the Second Circuit reinforces that policies of a professional association may constitute direct evidence of a concerted practice without allegations of an "agreement to agree" (Relevent Sports / USSF / FIFA)
FOSS Patents (Munich)
Germany 5 contributions 3189 visits
The U.S. Court of Appeals for the Second Circuit reinforces its holding that a membership-based organization’s policy may constitute direct evidence of concerted action without allegations of an ’agreement to agree’: Relevent Sports v. United States Soccer Federation & Fédération (...)

The COMESA Competition Appeals Board upholds commitments made by football association which the undertaking made to remedy concerns over long-term exclusivity obligations for marketing and media rights (Confédération Africaine de Football / Sportfive)
Meysan Partners (Cairo)
1 contribution 197 visits
,
Meysan Partners (Cairo)
1 contribution 197 visits
On 16 January 2023, the Common Market for Eastern and Southern Africa (the “COMESA” or the “Common Market”) Competition Appeals Board (the “Appeals Board”) published its seminal decision upholding the commitments provided by the Confédération Africaine de Football (the “CAF”) in relation to (...)

The EU Court of Justice AG Rantos issues an opinion arguing that sporting associations may sanction their members for participating in rival competitions without prior approval (ESLC / UEFA / FIFA)
1 contribution 72 visits
,
WU Vienna University of Economics and Business
1 contribution 72 visits
By now the issues surrounding the Super League need no further introduction. On the one hand, there are monopolists that potentially abuse their dominant position, whereas, on the other hand, there is a controversial collective of clubs, seeking to change or expand Europe’s current football (...)

The EU Court of Justice AG Rantos advises that the judgement of the General Court is set aside, reasoning that sporting club rules do not breach competition law where they are proportionate and objectively justified (International Skating Union)
Van Bael & Bellis (Brussels)
Belgium 33 contributions 6044 visits
,
Van Bael & Bellis (Brussels)
Belgium 389 contributions 94766 visits
On 15 December 2022, Advocate General (“AG”) Rantos issued an opinion in which he recommended that the Court of Justice of the EU should set aside a General Court judgment largely upholding a 2017 Commission decision that the eligibility rules of the International Skating Union (the “ISU”) had (...)

The EU Court of Justice AG Rantos suggests that two international football associations’ rules under which any new competition is subject to prior approval is compatible with EU competition law (ESLC / UEFA / FIFA)
European Court of Justice (Luxembourg)
Luxembourg 331 contributions 109558 visits
Advocate General Rantos: The FIFA-UEFA rules under which any new competition is subject to prior approval are compatible with EU competition law* Whilst ESLC is free to set up its own independent football competition outside the UEFA and FIFA ecosystem, it cannot however, in parallel with (...)

The EU Court of Justice AG Rantos issues an opinion suggesting that prior approval rules by sports-governing bodies do not conflict with EU competition law (ESLC / UEFA / FIFA)
Van Bael & Bellis (Brussels)
Belgium 33 contributions 6044 visits
,
Van Bael & Bellis (Brussels)
Belgium 389 contributions 94766 visits
On 15 December 2022, Advocate General (“AG”) Rantos issued an opinion in the European Superleague Company case in which he recommended that the FIFA-UEFA rules on the prior approval of new sports competitions should be held to be compatible with Articles 101 and 102 TFEU. The AG considered (...)

The EU Court of Justice AG Rantos issues two opinions arguing that two international sports associations may impose pre-authorisation requirements on third party events without violating EU competition law (ESLC / UEFA / FIFA)
White & Case (Brussels)
Belgium 57 contributions 58279 visits
,
White & Case (Geneva)
2 contributions 753 visits
,
White & Case (Brussels)
Belgium 6 contributions 1460 visits
In two separate non-binding opinions in Super League and International Skating Union issued on 15 December 2022, Advocate General Rantos concluded that sports federations can – under certain circumstances – impose pre-authorisation requirements on third party events without violating EU (...)

The EU Court of Justice AG Rantos proposes that the judgment of the General Court confirming the anticompetitive nature of rules of an international ice skating organisation should be set aside when the rules pursue a legitimate sporting objective and are proportionate (International Skating Union)
European Court of Justice (Luxembourg)
Luxembourg 331 contributions 109558 visits
Advocate General Rantos proposes that the judgment of the General Court which had confirmed the anticompetitive nature of rules of the International Skating Union should be set aside* He proposes that the case be referred back to the General Court The International Skating Union (‘the (...)

The US District Court for the Eastern District of California set to adjudicate a class action suit filed by a group of volunteer college baseball coaches against a national athletic association for alleged antitrust violations (Smart / NCAA)
Duane Morris (Philadelphia)
United States 2 contributions 748 visits
,
Duane Morris (Philadelphia)
United States 1 contribution 83 visits
,
Duane Morris (Philadelphia)
United States 1 contribution 83 visits
…
On November 29, 2022, a group of volunteer college baseball coaches filed a proposed class action against the NCAA for alleged antitrust violations in the Eastern District of California. The plaintiffs in the case, captioned Smart, et al., v. NCAA, claim that by limiting the number of paid (...)

The Spanish Commercial Court No. 15 of Madrid rules against exclusivity agreements in the sports industry (World Padel Tour / Premier Padel Circuit)
Callol, Coca & Asociados (Madrid)
Spain 170 contributions 47062 visits
The Commercial Court no 15 of Madrid has dismissed the request for interim measures seeking to halt the Premier Padel circuit competition and preventing players from participating in this championship. In May 2022, World Padel Tour (WPT) filed a lawsuit before Madrid Commercial Court No. 15 (...)

The EU Court of Justice upholds judgment annulling the Commission’s decision and confirms that the General Court had not imposed an excessive burden of proof in a recovery of State aid case (Valencia Club de Fútbol)
European Court of Justice (Luxembourg)
Luxembourg 331 contributions 109558 visits
Decision on State aid granted by Spain to Valencia CF annulled by the General Court: the Court of Justice dismisses the Commission’s appeal * According to the Court of Justice, the General Court did not impose an excessive burden of proof on the Commission and merely found that the (...)

The US Southern District Court, Southern District of New York grants a "motion to dismiss" filed by a professional baseball organisation on the basis of its historic antitrust immunity (Major League Baseball)
BakerHostetler (Philadelphia)
United States 1 contribution 64 visits
Yer Out (For Now): MLB Dismissed from Antitrust Lawsuit Because of Historic Antitrust Exemption* In a decision that stunned no one (yet will garner plenty of headlines), a federal district court granted a motion to dismiss filed by Major League Baseball (MLB) on the basis of its storied (...)

The Polish Competition Authority fines 16 basketball clubs and the basketball league for conspiring to reduce player wages due to COVID-19-related match cancellations (BM Slam Stal / Gdyński Klub / Gliwickie /...)
Polish Competition Authority (Warsaw)
Poland 120 contributions 22532 visits
Basketball clubs violated competition - decision of President of UOKiK* The joint arrangements of the basketball clubs to terminate their cooperation with the players represented an agreement restricting competition. The UOKiK President Tomasz Chróstny imposed nearly PLN 1 million in penalties (...)

The US District Court of Missouri receives a complaint from a chess prodigy over an alleged boycott by several online chess platforms (Hans Niemann / Magnus Carlsen / Chess.com / Play Magnus / Daniel Rensch / Hikaru Nakamura)
Hogan Lovells (Berlin)
Germany 1 contribution 500 visits
,
Hogan Lovells (Washington)
United States 1 contribution 500 visits
Niemann Makes the First Move: A Transatlantic Perspective on Chess Prodigy’s Group Boycott Claim Following cheating allegations and a ban from the popular online platform “Chess.com,” Chess Grandmaster Hans Niemann filed a lawsuit in the Eastern District of Missouri against Magnus Carlsen, (...)

The Polish Competition Authority fines 16 basketball clubs and the national league for exchanging commercially sensitive information and colluding to terminate player contracts during the COVID-19 pandemic (BM Slam Stal / Gdyński Klub / Gliwickie /...)
Bird & Bird (Warsaw)
Poland 5 contributions 1250 visits
,
Bird & Bird (Warsaw)
Poland 1 contribution 289 visits
In December 2022, the Polish Competition Authority (Polish: Prezes Urzędu Ochrony Konkurencji i Konsumentów (“UOKiK”)) (the “PCA”) published the non-confidential version of its decision imposing fines on 16 basketball clubs (the “Clubs”) and the national basketball league (the “League”) for (...)

The New Zealand Competition Authority declines clearance for agreements between a gym-owner and their franchisees which would have permitted the setting of price ceilings and floors (Anytime NZ)
New Zealand Commerce Commission (Wellington)
New Zealand 180 contributions 25189 visits
Commission declines clearance for Anytime NZ Limited’s collaborative activity clearance application* The Commerce Commission has declined to give clearance to Anytime NZ Limited (Anytime NZ) to enter into proposed agreements with its franchisees that would have contained or may have (...)

The Portuguese Competition Authority issues a fine of €11.3M, to be spread between 31 football clubs, over no-poach agreements (Futebol Clube do Porto / Sport Lisboa e Benfica / Sporting Clube de Portugal...)
Portuguese Competition Authority (Lisbon)
Portugal 119 contributions 30004 visits
AdC issues sanctioning decision for anticompetitive agreement in the labor market for the first time* The AdC has sanctioned for the first time in Portugal an anti-competitive practice in the labor market. In this case, the 31 sports companies participating in the 2019/2020 edition of the (...)

The Spanish Competition Authority analyses the proposals from a professional football league to market audiovisual rights in the national and Asian markets (La Liga)
Spanish Competition Authority (CNMC) (Madrid)
Spain 143 contributions 31411 visits
The CNMC has analysed the proposals from La Liga to market certain broadcasting rights of the 1st and 2nd divisions in the national and Asian markets * The tender includes, among others, the rights to a free-to-air 1st division match, 2nd division and play-off rights, and broadcasting in (...)

The Spanish Competition Authority approves a report that analyses the conditions proposed by a professional football association to market broadcasting rights (La Liga)
Spanish Competition Authority (CNMC) (Madrid)
Spain 143 contributions 31411 visits
The CNMC analyses the proposals of La Liga to market the broadcasting rights of the 1st and 2nd divisions in Malta, Italy, Portugal and the Netherlands* The CNMC’s recommendation is to guarantee a competitive, transparent, and non-discriminatory tendering process Some of the conditions (...)

The German Higher Regional Court of Düsseldorf holds that a paralympic organisation abused its dominance position under the German law by denying an athlete access to the Paralympic Games (International Paralympics Committee)
Hogan Lovells (Munich)
Germany 3 contributions 1460 visits
,
Hogan Lovells (Munich)
Germany 2 contributions 237 visits
1. Introduction In its decision of 20 January 2022, the Higher Regional Court of Düsseldorf (the “Court”) dealt with a case of a professional female snowboarder who sought admission to the 2022 Paralympic Games in Beijing. This admission had previously been denied by the later defendant, (...)

The New Zealand Competition Authority releases a Statement of Issues to a franchisor regarding proposed price agreements with franchisees (Anytime NZ)
New Zealand Commerce Commission (Wellington)
New Zealand 180 contributions 25189 visits
Statement of Issues released for Anytime NZ Limited’s collaborative activity clearance application* The Commerce Commission has published a Statement of Issues relating to the application by Anytime NZ Limited (Anytime NZ) for clearance under section 65A of the Commerce Act 1986 for proposed (...)

The Higher Regional Court of Frankfurt declares the national football association’s regulation on the placement of players is partially void on the grounds that some provisions are anticompetitive (DFB - German Football Association)
Hogan Lovells (Munich)
Germany 65 contributions 25479 visits
,
Hogan Lovells (Munich)
Germany 2 contributions 237 visits
In November 2021, the Higher Regional Court of Frankfurt (the “Court”) declared the German Football Association’s (Deutscher Fußball-Bund, “DFB”) Regulation for the Placement of Players (“RPP”) partially void. However, the players’ agents who had filed the lawsuit may eventually find this a (...)

The Lithuanian Competition Authority fines the national basketball league and 10 basketball clubs for agreeing not to pay their players after having to terminate the 2019-2020 basketball championship due to the COVID-19 pandemic (Lietuvos krepšinio lyga)
Lithuanian Competition Authority (Vilnius)
Lithuania 106 contributions 20756 visits
By agreeing to pay players’ salaries Lithuanian basketball league and its clubs infringed competition law* The Lithuanian competition authority Konkurencijos taryba found that the Lithuanian Basketball League (Lietuvos krepšinio lyga – LKL) and 10 basketball clubs concluded an (...)

The US DOJ files an amicus brief stating that a trade association rule or policy may be used as direct evidence of an anticompetitive practice (Relevent Sports / United State Soccer Federation)
Fried Frank Harris Shriver & Jacobson (Washington)
United States 8 contributions 2002 visits
,
Fried Frank Harris Shriver & Jacobson (New York)
United States 5 contributions 1281 visits
,
Fried Frank Harris Shriver & Jacobson (New York)
United States 1 contribution 117 visits
This article has been nominated for the 2022 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. In an amicus brief filed in Relevent Sports, LLC v. Fédération Internationale de Football Ass’n, the Antitrust Division of the U.S. Department of Justice (the (...)

The Mexican Competition Authority sanctions 17 clubs of the national football federation and 8 natural persons for colluding in the market for soccer players’ draft (Liga MX)
Mexican Competition Authority (Mexico City)
Mexico 139 contributions 26927 visits
COFECE sanctions 17 clubs of the Liga MX, the Mexican Football Federation and 8 natural persons for colluding in the market of women and male soccer players’ draft* One of the sanctioned conducts consisted of an agreement to set a maximum wage cap for women players, which eliminated (...)

The Hong Kong Competition Authority investigates whether the national volleyball association’s decision to exclude 5 volleyball teams from the status of "full membership" may raise competitive concerns (Volleyball Association of Hong Kong)
Hong Kong Competition Commission (Hong Kong)
Hong Kong 55 contributions 11747 visits
Statement by the Competition Commission regarding Volleyball Association of Hong Kong, China’s decision on membership* In response to media reports about Volleyball Association of Hong Kong, China (VBAHK)’s decision on the membership status of its five members, the Competition Commission (...)

The Hong Kong Competition Authority publishes an advisory bulletin on trade associations that sets out potential competition concerns regarding admission and expulsion rules of Hong Kong trade, sporting, professional and industry bodies
Baker McKenzie (Hong Kong)
Hong Kong 12 contributions 18579 visits
The bulletin sets out the authority’s potential competition concerns regarding admission and expulsion rules of Hong Kong trade, sporting, professional and industry bodies (i.e. "trade associations"), based on its investigatory work. The Hong Kong Competition Commission ("HKCC") has (...)

The Hong Kong Competition Authority issues advice on the potential risks under the Competition Ordinance related to the membership admission criteria and procedures of trade, sporting, professional, and industry associations
Hong Kong Competition Commission (Hong Kong)
Hong Kong 55 contributions 11747 visits
Competition Commission advises on Trade Associations’ membership admission rules* The Competition Commission (Commission) today (29 July) published an Advisory Bulletin to advise on the potential risks under the Competition Ordinance (Ordinance) related to the membership admission criteria (...)

The Spanish Competition Authority calls on the national football federation to amend its proposal for commercializing the audiovisual rights of the new "Primera RFEF" category (RFEF)
Spanish Competition Authority (CNMC) (Madrid)
Spain 143 contributions 31411 visits
The CNMC calls on the Royal Spanish Football Federation (RFEF) to amend their proposal for commercialising the audiovisual rights of the new "Primera RFEF" category The document breaches several requirements set out in Royal Decree-Act 5/2015. It affects the commercialisation of the rights in (...)

The Italian Competition Authority initiates probe against the incumbent telecom operator and live sports streaming service for possible anticompetitive practices in broadcasting the Serie A football matches (Tim / Dazn)
Luiss Guido Carli University (Rome)
Italy 27 contributions 5575 visits
,
Bird & Bird (Rome)
Italy 19 contributions 4172 visits
On 8 July 2021, the Italian Competition Authority (“AGCM”) opened an antitrust probe against TIM (the Italian incumbent telecom operator) and DAZN (the live sports streaming service) for possible anti-competitive behaviours stemming from the TV rights agreement between the two companies to (...)

The Italian Competition Authority initiates proceedings against two pay-TV providers for possible anticompetitive practices through the rights agreement for the Liga A football series (Tim / Dazn)
Italian Competition Authority (Rome)
Italy 72 contributions 19084 visits
ICA: proceeding opened against Tim and Dazn for possible anti-competitive practice through the TV rights agreement for the Liga A football series* The Authority will evaluate the adoption of precautionary measures only if it finds that considerable and irreparable damage to competition (...)

The US Supreme Court prohibits an association from restraining student-athlete education-related benefits while recognizing the association still retains considerable flexibility to regulate such benefits (NCAA / Alston)
Jones Day (Washington)
United States 2 contributions 993 visits
,
Jones Day (Colombus)
United States 3 contributions 1343 visits
,
Jones Day (Washington)
United States 25 contributions 7870 visits
…
The Court’s ruling that certain NCAA rules violate antitrust law opens the door for student-athletes to receive additional benefits. But it does not extend to compensation relating to athletic performance, conferences remain free to pass their own rules independently, and universities may (...)

The US Supreme Court rules that an association’s restrictions on compensation for college athletes in conjunction with educational expenses amount to an illegal price-fixing agreement in violation of antitrust laws (NCAA / Alston)
Hausfeld (Washington)
United States 8 contributions 9369 visits
,
Hausfeld (Washington)
United States 1 contribution 355 visits
,
Hausfeld (Washington)
United States 7 contributions 1018 visits
…
In a unanimous decision, the Supreme Court today ruled (in Alston v. NCAA) that the National Collegiate Athletic Association’s restrictions on compensation to college athletes in conjunction with educational expenses amount to an illegal price-fixing agreement in violation of the antitrust (...)

The US Supreme Court prohibits a sports professional association from imposing conditions on its members in violation of antitrust law (NCAA / Alston)
Robert Connolly Law (Philadelphia)
United States 23 contributions 5158 visits
Some “Twinkling of the Eye” Thoughts on NCAA v. Alston* The Supreme Court’s decision in Nat’l Collegiate Athletic Ass’n v. Alston, Nos. 20-512 and 20-520, 2021 WL 2519036, (U.S. June 21, 2021) is a boost for the Antitrust Division’s commitment to prosecute what it calls naked “wage fixing” (...)

The US Supreme Court upholds a decision stating that the restrictions imposed by the sports association on education-related compensation for student-athletes violate the antitrust laws (NCAA / Alston)
Baker & Miller (Washington)
United States 1 contribution 223 visits
More to Supreme Court’s NCAA decision than just sports* Introduction There has been a plethora of articles about the Supreme Court’s 21 June 2021 decision upholding a decision that the restrictions imposed by the National Collegiate Athletic Association (NCAA) on education-related (...)

The US Supreme Court unanimously affirms that a school sports association’s compensation limits for “education-related benefits” violate antitrust law (NCAA / Alston)
Hausfeld (Washington)
United States 7 contributions 1018 visits
On June 21, 2021, the Supreme Court unanimously affirmed the Northern District of California’s findings in National Collegiate Athletic Association v. Alston concerning the NCAA’s rules limiting college athlete compensation. Leaving no doubt about the need for existential change from within (...)

The US Supreme Court affirms lower court decisions that certain restrictions imposed by a national sports association on educational benefits for student-athletes violate antitrust laws, a decision that may help future antitrust defendants (NCAA / Alston)
Bona Law (Detroit)
United States 24 contributions 5638 visits
On June 21, 2021, the U.S. Supreme Court affirmed lower court decisions and held that certain NCAA restrictions on educational benefits for student-athletes violated Sherman Act Section 1. The unanimous opinion was a clear win for the plaintiff class and almost certainly will lead to big (...)

The US Supreme Court upholds a district court injunction finding unlawful certain sport association rules limiting the education-related benefits schools may make available to student-athletes (NCAA / Alston)
Mercatus Center - George Mason University (Arlington)
United States 9 contributions 18676 visits
The Supreme Court Misses the Big Consumer Welfare Picture in NCAA v. Alston* In its June 21 opinion in NCAA v. Alston, a unanimous U.S. Supreme Court affirmed the 9th U.S. Circuit Court of Appeals and thereby upheld a district court injunction finding unlawful certain National Collegiate (...)

The German Competition Authority provides a preliminary assessment of the national football league’s 50+1 ownership rule (DFL)
German Competition Authority (Bonn)
Germany 457 contributions 116350 visits
Bundeskartellamt provides preliminary assessment of DFL’s 50+1 ownership rule* The Bundeskartellamt has today informed the Deutsche Fußball Liga (DFL, German Football League) of its preliminary assessment under competition law of the so-called 50+1 rule. In the authority’s view the basic (...)

The Polish Competition Authority issues a decision imposing a fine on a CEO for obstructing a dawn raid it conducted against a gym operator (Platinium Wellness)
Bird & Bird (Warsaw)
Poland 19 contributions 3064 visits
,
Bird & Bird (Warsaw)
Poland 19 contributions 3064 visits
In mid-May, the Polish Competition Authority (“UOKiK”) issued a decision imposing a fine on an individual for obstructing a dawn raid conducted by UOKiK officials. During the 2017 dawn raid, the CEO of Platinium Wellness sp. z o.o. - a gym operator (“the Company”), changed the email password (...)

The Spanish Commercial Court of Madrid makes an Article 267 reference to the EU Court of Justice regarding the creation of a new exclusive football league comprising Europe’s top teams (ESLC / UEFA / FIFA)
Callol, Coca & Asociados (Madrid)
Spain 170 contributions 47062 visits
Twelve European football clubs signed on 17 April 2021 a framework agreement to form the European Super League (ESL). The ESL was announced as a major European football tournament in competition with the current UEFA Champions League. According to the Real Madrid president and one of the main (...)

The Danish Aalborg City Court fines a sportswear producer for resale price maintenance (Fusion)
Bird & Bird (Copenhagen)
Denmark 36 contributions 8274 visits
,
Bird & Bird (Copenhagen)
Denmark 23 contributions 2589 visits
In 2017, a competitor to a Danish sportswear producer filed a complaint with the Danish Competition and Consumer Authority (“DCCA”) regarding resale price maintenance of said producer. The sportswear producer had put pressure on its distributors to respect the recommended price as a minimum (...)

The Danish Aalborg City Court fines a sportswear manufacturer for retail price maintenance (Fusion)
Danish Competition and Consumer Authority (Copenhagen)
Denmark 134 contributions 36285 visits
Denmark: Fine of DKK 500,000 to manufacturer of sportswear for retail price maintenance* On May 7, 2021, the City Court of Aalborg sentenced the Danish manufacturer of sports clothes Fusion ApS to pay a fine of DKK 500.000 (€ 67,242) for resale price maintenance. Moreover, a member of the (...)

The Mexican Competition Authority notifies a statement of probable responsibility in conducting absolute monopolistic practices in the market for the draft of professional soccer players in the national territory
Mexican Competition Authority (Mexico City)
Mexico 139 contributions 26927 visits
COFECE notifies a statement of probable responsibility for a triallike procedure for a possible collusion in the draft of professional soccer players in the national territory* The Investigative Authority concluded its inquiry and issued the statement in which it indicates the probable (...)

The EU Court of Justice publishes the summary of an appeal by a sports association against a General Court’s decision stating that standards restricting athlete participation in rival events infringe Article 101 TFEU (International Skating Union)
Norton Rose Fulbright (Brussels)
United Kingdom 26 contributions 23207 visits
,
Wilson Sonsini Goodrich & Rosati (Brussels)
United States 2 contributions 587 visits
In May 2021, the Court of Justice of the European Union (“CJEU”) published the summary of an appeal filed by the International Skating Union (“ISU”) against a ruling from the General Court (“GC”) which found that ISU rules restricting athletes from taking part in rival events infringed Article (...)

The Portuguese Competition Authority for the first time issues statements of objections for an anticompetitive agreement in the labor market against national football league and 31 sports companies who agreed not to hire back employees who terminated their employment due to COVID-19 (Portuguese Professional Football League)
Portuguese Competition Authority (Lisbon)
Portugal 119 contributions 30004 visits
AdC issues Statements of Objections for anticompetitive agreement in the labour market for the first time* The AdC (Portuguese Competition Authority) has issued for the first time Statements of Objections for an agreement not to hire workers, in this case involving the Portuguese (...)

The Polish Competition Authority initiates proceedings against national basketball clubs for limiting competition (Energa Basket Liga)
Polish Competition Authority (Warsaw)
Poland 120 contributions 22532 visits
The President of UOKiK brings charges of limiting competition against basketball clubs* President of UOKiK Tomasz Chróstny has initiated antitrust proceedings against the Energa Basket Liga and sixteen basketball clubs. The subject matter of the proceedings is the establishment of principles (...)

The Australian Federal Court fines a sports brand for resale price maintenance (FE Sports)
Australian Competition and Consumer Commission (Canberra)
Australia 397 contributions 84201 visits
FE Sports to pay $350,000 penalty for resale price maintenance* The Federal Court has ordered wholesale distributor B & K Holdings (QLD) Pty Ltd, trading as FE Sports, to pay a $350,000 penalty after it declared by consent that FE Sports engaged in resale price maintenance in relation to (...)

The Australian Federal Court orders a wholesaler of cycling accessories and sporting products to pay $350,000 for engaging in resale price maintenance (FE Sports)
Ashurst (Brisbane)
Australia 6 contributions 645 visits
The Federal Court of Australia has ordered that FE Sports, a wholesaler of cycling accessories and sporting products, pay AUD 350,000 (among other orders) for engaging in resale price maintenance ("RPM"). FE Sports admitted to the conduct. Key takeaways Suppliers must not prevent, or (...)

The Polish Competition Authority fines a sports equipment retailer for price-fixing (Spokey)
Polish Competition Authority (Warsaw)
Poland 120 contributions 22532 visits
Penalty for price fixing of Spokey sports equipment* For almost 8 years, Spokey company has been fixing minimum prices at which on-line stores could sell sports equipment of this brand, such as rollerblades or scooters. President of UOKiK Tomasz Chróstny imposed a penalty of half a million PLN (...)

The Polish Competition Authority fines several fitness chains for collusion (Benefit Systems / Bartosz Gibała / Platinium Wellness)
Polish Competition Authority (Warsaw)
Poland 120 contributions 22532 visits
Collusion on the fitness market - decision by the President of UOKiK* Tomasz Chróstny, the President of UOKiK, has imposed over PLN 32 million in financial penalties on the largest fitness chains, including Benefit Systems (operator of MultiSport cards) for a competition-restricting collusion (...)

The Italian Council of State upholds the lower court’s annulment of the Competition Authority’s decision to fine broadcasters for an alleged anti-competitive agreement in the pay-TV service sector (League / Infront / Sky / Mediaset)
Ashurst (Brussels)
Belgium 45 contributions 46164 visits
,
Ashurst (Milan)
Italy 103 contributions 30075 visits
,
Ashurst (Brussels)
Belgium 12 contributions 6463 visits
On 12 December 2020, Italy’s highest administrative court, the Council of State, upheld the annulment of the Italian Competition Authority’s ("ICA") decision to fine broadcasters Mediaset and Sky Italia, the Italian Football League, and marketing agency Infront a total of €66m for an alleged (...)

The Italian Supreme Administrative Court rejects the Competition Authority’s judgment, ruling that the allocation of broadcasting rights is not the result of an anticompetitive agreement between companies in the pay-TV sector (League / Infront / Sky / Mediaset)
Luiss Guido Carli University (Rome)
Italy 27 contributions 5575 visits
,
Bird & Bird (Rome)
Italy 19 contributions 4172 visits
On 28 December 2020, the Italian Supreme Administrative Court (Consiglio di Stato – "CDS") issued a judgment marking the last act in the national judicial dispute related to the assignment of the Lega Serie A (i.e. the main national professional league in Italy – "the League") broadcasting (...)

The EU General Court confirms that the rules of a sports union providing severe penalties for athletes taking part in other speed skating events are contrary to EU competition law (International Skating Union)
General Court of the European Union (Luxembourg)
Luxembourg 64 contributions 32510 visits
The General Court confirms that the rules of the International Skating Union (ISU) providing for severe penalties for athletes taking part in speed skating events not recognised by it are contrary to EU competition law* On the other hand, the Commission was wrong to dispute the ISU’s (...)

The EU General Court issues a judgment stating that an international skating union may apply a prior authorization system for third party events only if the applicable rules and procedures are fair, transparent, and proportionate (International Skating Union)
Free University of Brussels (ULB)
Belgium 18 contributions 29608 visits
,
Ashurst (Brussels)
Belgium 37 contributions 9250 visits
On 16 December 2020 the General Court of the European Union (the "Court") issued an important ruling in the International Skating Union ("ISU") case. While accepting that sports governing bodies may apply a prior authorisation system for third party events to ensure that all sports (...)

The EU General Court delivers ruling on the application of competition law to sports authorization rules and upholds the role of the Court of Arbitration for Sport (International Skating Union)
Norton Rose Fulbright (Brussels)
Belgium 2 contributions 1088 visits
,
White & Case (Düsseldorf)
Germany 37 contributions 15252 visits
,
White & Case (Geneva)
2 contributions 753 visits
…
The General Court of the European Union (the "General Court") has confirmed this week that the eligibility rules of the International Skating Union ("ISU"), which penalized athletes participating in competitions not authorized by the ISU, infringe EU competition law. While the EU General (...)

The EU General Court rules that sports associations can not stop athletes from competing in third-party events (International Skating Union)
King & Spalding (Brussels)
Belgium 10 contributions 5425 visits
,
King & Spalding (Brussels)
Belgium 8 contributions 1637 visits
On 16 December 2020, the General Court largely confirmed the European Commission’s Decision according to which the International Skating Union’s (the “ISU”) rules on eligibility are contrary to EU competition law. However, it partially annulled the Commission’s Decision on the ground that it (...)

The EU General Court judges that sports federations’ rule of banning athletes for participation in unauthorized events can – in certain circumstances – constitute a by object infringement of Article 101 TFEU (International Skating Union)
Latham & Watkins (Brussels)
Belgium 12 contributions 4693 visits
,
Herbert Smith Freehills (Brussels)
Belgium 4 contributions 811 visits
By its Judgment of 16 December 2020, the General Court (‘GC’) confirms the European Commission’s (‘Commission’) Decision finding that the International Skating Union’s (‘ISU’) governance rules violate competition law. The Judgment backs the Commission’s conclusion that the ISU’s rules banning (...)

The Japanese FTC closes investigation into conduct that allegedly caused all 12 members of a professional baseball association to refuse to sign contracts with certain players (Nippon Professional Baseball)
Japan Fair Trade Commission (Tokyo)
Japan 140 contributions 24856 visits
Closing the Investigation on the Suspected Violation of the Antimonopoly Act by Nippon Professional Baseball* The Japan Fair Trade Commission (hereinafter referred to as the “JFTC”) has investigated Nippon Professional Baseball (hereinafter referred to as the “NPB”). The NPB is the (...)

The Australian Competition Authority commences proceedings against a wholesale distributor of cycling and sporting products for resale price maintenance (FE Sports)
Jones Day (Melbourne)
Australia 10 contributions 1393 visits
,
Jones Day (Cleveland)
United States 12 contributions 4585 visits
A new ACCC resale price maintenance case provides a timely reminder that manufacturers and suppliers must tread carefully with distribution arrangements related to price in Australia. The Australian Competition and Consumer Commission ("ACCC") has commenced proceedings against FE Sports, (...)

Sports & competition law: An overview of EU and national case law
Altius (Brussels)
Belgium 8 contributions 14520 visits
,
NMBS-SNCB (Brussels)
Belgium 1 contribution 1574 visits
,
Altius (Brussels)
Belgium 2 contributions 1643 visits
…
In 1974 the Court of Justice of the EU (“CJEU”) concluded in its famous Walrave and Koch case that sport is subject to EU law as far as it constitutes an economic activity. In the Meca-Medina case of 2006 the Court confirmed that sporting regulations that have economic effects could be (...)

The Amsterdam Court of Appeal upholds the legality for non-luxury brands to ban resale on third-party platforms (Nike / Action Sport / Amazon)
Van Bael & Bellis (Brussels)
Belgium 174 contributions 58299 visits
,
European Court of Justice (Luxembourg)
Luxembourg 9 contributions 1983 visits
On 14 July 2020, the Amsterdam Court of Appeal (the “Court”) handed down its judgment in the dispute between Nike European Operations Netherlands B.V. (“NEON”) and Action Sport SOC. COOP, A.R.L. (“Action Sport”), an Italian retailer of Nike’s sportswear, footwear and related products. The (...)

The Swedish Competition Authority accepts commitments from a training company to limit its use of exclusive agreements with fitness studios and closes its investigations into another two companies (Bruce / Classpass / Swiftr)
Swedish Competition Authority (Stockholm)
Sweden 70 contributions 10284 visits
Swedish Competition Authority accepts commitments from training company* Bruce is a company that offers training services. The company has offered to limit its use of exclusive agreements with fitness studios in order to avoid that competition concerns arise. The Swedish Competition (...)

The Belgian Competition Authority does not consider the relegation of the football club to division 1B prima facie incompatible with competition law (FC Waasland-Beveren)
Belgian Competition Authority (Brussels)
Belgium 120 contributions 24123 visits
The Competition College does not consider the relegation of the football club Waasland-Beveren to division 1B prima facie incompatible with competition law* The Competition College of the Belgian Competition Authority (BCA) has on the 2nd of July 2020 imposed on the Pro League (Belgian (...)

The Portuguese Competition Authority orders the national football league to suspend its no-poach agreement entered in response to the COVID-19 pandemic (Portuguese Professional Football League)
Portuguese Competition Authority (Lisbon)
Portugal 119 contributions 30004 visits
Covid - 19: AdC imposes precautionary measure on the Portuguese Football League that suspends no-poach agreement* The AdC ordered the Portuguese Professional Football League (LPFP in Portuguese) to immediately suspend the no-poach agreement, an agreement to not recruit or hire another (...)

The US Court of Appeals for the Ninth Circuit rules against a sports association’s policy of limiting the compensation paid to student-athletes and affirms limited injunctions (NCAA / Alston)
Hogan Lovells (Washington)
United States 1 contribution 80 visits
,
Hogan Lovells (Washington)
United States 1 contribution 80 visits
,
Hogan Lovells (Washington)
United States 2 contributions 184 visits
…
On 18 May 2020 the U.S. Court of Appeals for the Ninth Circuit ruled against the National Collegiate Athletic Association (NCAA) in an antitrust case challenging the association’s policy of limiting the compensation paid to student-athletes. The decision is the latest concerning the NCAA’s (...)

The German Competition Authority discontinues its administrative proceeding against 2 TV broadcasters who secured exclusive rights to champions league broadcast because of new market entrants and the unpredictability of football season due to the COVID-19 pandemic (Sky / DAZN)
German Competition Authority (Bonn)
Germany 457 contributions 116350 visits
Proceeding against Sky and DAZN discontinued – Award procedure relating to Champions League broadcasting rights* Today, the Bundeskartellamt discontinued its proceeding against Sky Ltd., London, and DAZN Group Ltd., London, for discretionary reasons; the proceeding had been conducted due to (...)

The Lithuanian Competition Authority opens an investigation into a suspected anticompetitive agreement among a national basketball league and individual basketball clubs and warns similar agreements are not justified by the COVID-19 pandemic (Lietuvos krepšinio lyga)
Lithuanian Competition Authority (Vilnius)
Lithuania 106 contributions 20756 visits
KONKURENCIJOS TARYBA LAUNCHES INVESTIGATION INTO SUSPECTED ANTI-COMPETITIVE AGREEMENT AMONG LITHUANIAN BASKETBALL LEAGUE AND BASKETBALL CLUBS* The Lithuanian competition authority Konkurencijos taryba has launched an investigation into a suspected anti-competitive agreement among the (...)

The German Competition Authority approves a joint sale of media rights of individual football matches by a central association (DFL - German Football League)
Bird & Bird (Dusseldorf)
Germany 21 contributions 2612 visits
,
Bird & Bird (Dusseldorf)
Germany 12 contributions 2043 visits
The Federal Cartel Office has approved the German Football League´s (“DFL”) marketing model for the transmission rights of the Bundesliga and Bundesliga 2 matches from the 2021/22 season onwards. DLF´s marketing model is based on the joint sale of media rights of individual football matches. (...)

The Spanish Competition Authority accepts commitments by a sports brand in connection with contractual provisions applied within its selective distribution network (Adidas / LDC)
Callol, Coca & Asociados (Madrid)
Spain 170 contributions 47062 visits
,
Latham & Watkins (Brussels)
Belgium 24 contributions 3353 visits
,
Callol, Coca & Asociados (Madrid)
Spain 65 contributions 22262 visits
…
The CNMC has reached a commitments decision with Adidas regarding restrictive practices in the Spanish retail market for clothing and footwear contrary to Article 1 SCA. Adidas submitted commitments addressing the CNMC’s concerns regarding certain clauses in the retail sports clothing (...)

The Belgian Competition Authority imposes interim measures on a billiards game association following a complaint raised on its anticompetitive rules (Belgian Bumper Pool Association)
University of Leiden - Europa Institute (Leiden)
Netherlands 4 contributions 1018 visits
In a decision of 24 January 2020, the Competition College of the Belgian Competition Authority imposed an interim measure on the Belgian Bumper Pool Association (Belgian Golf Billiards League, BGB) concerning the balls that may be played with in competitions and matches organised by the BGB or (...)

The Swedish Competition Authority issues a preliminary injunction against the use of exclusivity provisions in vertical agreements by the owner of a training aggregator app (Bruce)
Van Bael & Bellis (Brussels)
Belgium 174 contributions 58299 visits
On 5 December 2019, the Swedish Competition Authority (“SCA”) issued a preliminary injunction against IM WITH BRUCE (“Bruce”), the owner of a so-called “training aggregator” app which offers subscribers access to a variety of fitness studios, prohibiting Bruce from using exclusivity provisions (...)

The Finnish Administrative Court allows game organizers to continue their fantasy sports operations while the definition of a lottery is being reviewed (Veikkaus Oy)
Hannes Snellman (Helsinki)
Finland 23 contributions 3068 visits
,
Bird & Bird (Helsinki)
Finland 14 contributions 1128 visits
The Finnish gambling market is one of the most regulated in Europe; state-owned Veikkaus Oy has the exclusive right to provide gambling services in Finland. The Lotteries Act (1047/2001) stipulates that the definition of a lottery is fulfilled when an activity includes three elements: a charge (...)

The French Competition Authority and the Austrian Competition Authority carry out unannounced inspections in the automatic swimming pool cleaning equipment distribution sector
French Competition Authority (Paris)
France 747 contributions 408240 visits
Dawn raids* The General Rapporteur of the Austrian competition authority and the General Rapporteur of the Autorité de la concurrence indicate that unannounced inspections have been carried out in the automatic swimming pool cleaning equipment distribution sector. Following judicial (...)

The Italian Competition Authority fines 3 undertakings that have rigged tenders for the national football league for the award of international broadcasting rights (MP Silva / IMG / B4 Capital)
Portolano Cavallo (Rome)
Italy 1 contribution 105 visits
,
Portolano Cavallo (Milan)
Italy 63 contributions 10280 visits
By Decision of April 24, 2019, the Italian Competition Authority (AGCM) has ascertained that three undertakings had rigged tenders for the Italian Football League (IFL) for the award of international broadcasting rights from 2008/2009 to 2016/2017. This finding, theoretically, could lead to (...)

The Italian Competition Authority fines several companies for bid-rigging in the context of tenders for the assignment of broadcasting rights of football matches in tournaments organized by the Italian football league (MP Silva / IMG / B4 Capital)
Italian Competition Authority (Rome)
Italy 72 contributions 19084 visits
ICA: agreement on tenders for the assignment of international rights to football on TV. MP Silva, IMG and B4 Capital fined 67 million Euros* On April 24 the Italian Competition Authority concluded an investigation, ascertaining a violation of art. 101, paragraph 1, of the Treaty on the (...)

The EU Court of Justice rules on the scope of a national limitation period in light of the Damages Directive (Cogeco / Sport TV Portugal)
Court of First Instance of Namur (Namur)
Belgium 224 contributions 47362 visits
On 28 March 2019, the Court of Justice of the European Union (“ECJ”) ruled on a preliminary reference from a Portuguese court on the scope of the Portuguese limitation period in light of Directive 2014/104 on certain rules governing actions for damages under national law for infringements of (...)

The EU Court of Justice holds that national rules on limitation of antitrust damages claims may violate the principle of effectiveness (Cogeco / Sport TV Portugal)
Hogan Lovells (Munich)
Germany 39 contributions 4568 visits
,
Hogan Lovells (Munich)
Germany 34 contributions 1462 visits
The European Court of Justice in Cogeco rejects a direct effect of the Damages Directive in the pre-implementation phase, but establishes that the principle of effectiveness may itself render national rules on limitation of antitrust damages claims ineffective. The European Court of Justice (...)

The EU Court of Justice holds that national rules on limitation of antitrust damages claims may violate the principle of effectiveness (Cogeco / Sport TV Portugal)
Sérvulo (Lisbon)
Portugal 2 contributions 744 visits
The first preliminary ruling on Directive 2014/104/EU: Case 637/17 Cogeco* Introduction With two major decisions, March 2019 was an interesting month with regard to the Court of Justice’s (also ‘ECJ’) case-law on private enforcement of competition law: Skanska (C-724/17) and Cogeco (...)

The EU Court of Justice holds in a preliminary ruling that national rules on limitation of antitrust damages claims may violate the principle of effectiveness (Cogeco / Sport TV Portugal)
Telles (Lisboa)
1 contribution 21 visits
Brief summary of facts In 2015, Cogeco cable brought an action against Sport Tv, NOS and Controlinveste (These two as Sport Tv ́s shareholders) seeking compensation as a result of an infringement of competition law committed by Sport Tv. The Portuguese Competition Authority found out that (...)

The EU Commission imposes a fine totaling €12.5 million on a multinational company selling football apparel and footwear for restricting cross-border sales of its merchandise (Nike)
European Commission - DG COMP (Brussels)
Belgium 1361 contributions 2922317 visits
Antitrust: Commission fines Nike €12.5 million for restricting cross-border sales of merchandising products* The European Commission has fined Nike €12.5 million for banning traders from selling licensed merchandise to other countries within the EEA. This restriction concerned merchandising (...)

The EU Commission fines a sportswear company €12.5 million for breaching competition rules through its licensing and distribution agreements with resellers (Nike)
Portolano Cavallo (Milan)
Italy 63 contributions 10280 visits
,
Portolano Cavallo (Milan)
Italy 10 contributions 856 visits
On March 25, 2019, the European Commission announced the € 12,555,000 fine issued to Nike for breaching European Union and European Economic Area (EEA) competition rules through its licensing and distribution agreements with resellers, more specifically for prohibiting merchants from making (...)

The EU Commission imposes €12.5 million fine on a company for restricting cross-border sales of merchandising products (Nike)
Van Bael & Bellis (Brussels)
Belgium 174 contributions 58299 visits
On 25 March 2019, the European Commission (“Commission”) announced its decision to fine Nike € 12,555,000 for limiting the ability of licensees to sell licensed merchandising products to other EEA countries. According to the Commission’s press release, the restrictions concerned the (...)

The EU Commission fines a company for restricting the cross-border and online sales of branded merchandise by its European licensees (Nike)
Crowell & Moring (Brussels)
Belgium 2 contributions 2294 visits
,
Bristows (Brussels)
Belgium 2 contributions 5418 visits
E-Commerce in Europe: A Look into Nike’s Huge Antitrust Fines* On March 25, the European Commission (EC) fined Nike €12.5 million for restricting cross-border and online sales of branded merchandise by its European licensees. In December last year, the EC fined Guess €40 million for imposing (...)

The US District Court for the Northern District of California finds that an athletic association’s cap on grants given to athletes is an anticompetitive restraint of trade (NCAA / Alston)
Constantine Cannon (New York)
United States 3 contributions 2145 visits
NCAA May Have Lost Antitrust Case to Student-Athletes, But How Much Did It Really Lose?* Friday’s 104-page ruling in the antitrust case challenging the compensation rules of the National Collegiate Athletic Association (“NCAA”) is not a clear-cut victory for either side. Although Judge (...)

The Turkish Competition Authority holds that no-poach clauses in a gym company’s franchising agreements violates against competition law (BFIT)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 172 contributions 83627 visits
,
Turkey 10 contributions 4605 visits
This case summary includes an analysis of Turkish Competition Board’s (the “Board”) BFIT preliminary investigation decision (07.02.2019, 19-06/64-27) in which the Board evaluated non-compete and no-poaching obligations imposed by Bfit Sağlık ve Spor Yatırım ve Tic. A.Ş. (“BFIT”) to its (...)

The EU Court of Justice AG Kokott recommends that the EU Damages Directive not apply to proceedings that began in a Member State before the transposition of the Directive (Cogeco / Sport TV Portugal)
European Commission - DG COMP (Brussels)
Belgium 45 contributions 20821 visits
,
Gómez-Acebo & Pombo (Brussels)
Belgium 51 contributions 29048 visits
,
Basic-Fit (Hoofddorp)
Netherlands 45 contributions 20827 visits
Following the decision of the Portuguese Competition Authority finding that Sport TV had engaged in an abuse of dominance between 2006 and 2011, in February 2015, Cogeco, a Canadian cable company, brought an action for damages against Sport TV Portugal . Cogeco claimed that the EU Damages (...)

Unilateral Practices

 The Turkish Competition Authority issues a statement regarding the continuation of the interim measures imposed on a broadcasting services provider (Krea İçerik Hizmetleri)
Turkish Competition Authority (Ankara)
Turkey 44 contributions 7945 visits
Statement about the Interim Measure Imposed on Krea İçerik Hizmetleri ve Prodüksiyon AŞ According to Article 9 of the Act no 4054 on the Protection of Competition.* In the Competition Board Meeting on 03.08.2023, the following final decision numbered 23-36/675-230 on implementing an interim (...)

The Croatian Competition Authority opens an ex-officio proceeding to investigate whether a sports broadcaster abused its dominant position in the distribution of premium sports content channels (HD-Win Arena Sport)
Croatian Competition Agency (Zagreb)
Croatia 120 contributions 19891 visits
CCA opens infringement proceeding against HD-WIN ARENA SPORT* The aim of the protection of market competition is primarily to create benefits for consumers and equal conditions for all entrepreneurs on the market, who, acting in accordance with the existing rules and competing on the market (...)

The Italian Competition Authority launches an investigation into the national football federation for an alleged abuse of dominance in the organisation of recreational-amateur competitions in the youth sector (FIGC)
Italian Competition Authority (Rome)
Italy 72 contributions 19084 visits
A562 - Italian Competition Authority: investigation launched against the Italian Football Federation (Federazione Italiana Giuoco Calcio, FIGC) for an alleged abuse of a dominant position* According to the Authority, the Italian Football Federation tried to restrict the organisation of (...)

The Italian Competition Authority opens an investigation into a football federation for allegedly abusing its dominance by hindering third parties’ amateur competitions (FIGC)
Portolano Cavallo (Milan)
Italy 63 contributions 10280 visits
,
Portolano Cavallo (Milan)
Italy 36 contributions 7077 visits
On May 16, 2023, the Italian Competition Authority (“AGCM” or “ICA”) launched an investigation to determine whether the Italian Football Federation (Federazione Italian Giuoco Calcio, or “FIGC”) abused a dominant position in breach of Article 102 of the Treaty on the Functioning of the (...)

The Spanish High Court of Madrid reinstates injunctive measures against an international football association (ESLC / UEFA / FIFA)
Flint Global (Brussels)
France 7 contributions 14052 visits
The 28th Section of the High Court of Madrid (Audiencia Provincial de Madrid), the court of appeal specialising in commercial and competition law in the Madrid region, has recently issued a decision reinstating certain interim measures it had earlier adopted in relation to the Super League (...)

The EU Court of Justice AG Rantos argues that a football federation’s exclusion of a rival football competition is not a restriction by object and is necessary to protect the European Sport Model (ESLC / UEFA / FIFA)
Columbia University (New York)
United States 1 contribution 129 visits
,
The Graduate Institute for International and Development Studies (Geneva)
Switzerland 15 contributions 33670 visits
Abstract The Court of Justice of the European Union (CJEU) was requested to consider whether the Union of European Football Associations (UEFA), which (according to the Court) has “conferred on itself the exclusive power to organize pan-European competitions” between football clubs, could (...)

The Spanish Competition Authority shelves an investigation against the national football federation clearing it of a prior formal indictment for abuse of a dominant position (Real Federación Española de Fútbol)
Callol, Coca & Asociados (Madrid)
Spain 170 contributions 47062 visits
The CNMC has recently closed an investigation into an alleged abuse of dominance by the Royal Spanish Football Federation (Real Federación Española de Fútbol, or RFEF) concerning the commercialization of the broadcasting rights of the Second B and Third football divisions (both are (...)

The Turkish Competition Authority imposes interim measures on a television broadcaster of Turkish Super League for providing sub-broadcasting rights in a discriminatory manner (Krea İçehim Hizmetleri)
ACTECON (Istanbul)
Turkey 9 contributions 1883 visits
,
ACTECON (Istanbul)
Turkey 3 contributions 670 visits
,
KU Leuven (Brussels)
Belgium 2 contributions 171 visits
As per Article 9(4) of Law No. 4054 on Protection of Competition (“Competition Law”), the Turkish Competition Authority (“TCA”) is entitled to impose interim measures in order to maintain the environment before the violation, without exceeding the scope of the final decision, in case of a (...)

The Turkish Competition Authority imposes interim measures against the exclusive broadcaster of the Turkish Super League football games (Krea İçerik Hizmetleri)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 172 contributions 83627 visits
,
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 9 contributions 3064 visits
,
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 2 contributions 628 visits
Introduction The Turkish Competition Board (“Board”) initiated in September 2022 a preliminary investigation against Krea İçerik Hizmetleri ve Prodüksiyon A.Ş. (“Krea”), a company holding exclusive broadcasting rights of the Turkish Super League and Turkish First Division League football (...)

The Spanish Commercial Court of Madrid finds that the national football federation has abused its dominant position by implementing an unfair tendering procedure and orders the organisation to pay damages (Royal Spanish Football Federation / Mediapro)
Callol, Coca & Asociados (Madrid)
Spain 170 contributions 47062 visits
The Judgment has found the RFEF liable for abusive conduct contrary to Articles 102 TFEU and 2 of the Spanish Competition Act. The Court further ordered the RFEF to pay compensation for damages. By way of background, Mediapro had filed a lawsuit before the Court against RFEF arguing a breach (...)

The Russian Competition Authority decides to add a football club as interested person in an abuse of dominance case against a Big Tech company in the market for video hosting services (Google / YouTube)
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 56793 visits
FAS reported involvement of new participant in Google case on YouTube blocking rules* On June 23, the first meeting of the Commission of the FAS Russia in the case of violation of antimonopoly law for abusing dominant market position in YouTube video hosting services took place During the (...)

The French Competition Authority rejects a TV broadcaster’s complaint against the national football league’s awarding of broadcasting rights due to insufficient evidence (Canal Plus / Ligue de Football Professionnel)
French Competition Authority (Paris)
France 747 contributions 408240 visits
Reawarding of the football Ligue 1’s TV rights: The Autorité de la concurrence rejects Canal + Group’s complaint against the LFP, for lack of sufficient evidence* Background On 29 January 2021, Canal Plus Group ("GCP") referred practices allegedly implemented by the Ligue de Football (...)

The Indian Competition Authority rejects the allegations of abuse of dominance made against sports federations (Volleyball Federation of India / Baseline)
Shardul Amarchand Mangaldas (New Delhi)
India 63 contributions 18732 visits
,
Shardul Amarchand Mangaldas (New Delhi)
India 66 contributions 20776 visits
,
Shardul Amarchand Mangaldas (New Delhi)
India 66 contributions 19684 visits
…
The CCI considered allegations made by a number of volleyball players registered with the Volleyball Federation of India (VFI) that the VFI, together with Baseline Ventures (India) Private Limited (Baseline), had acted in breach of the Competition Act. The Informants alleged that the VFI, in (...)

The Indian Competition Authority launches an investigation against a baseball federation and grants a rare interim injunction against the federation restraining its members’ participation in "not recognized" sports events (Confederation of Professional Baseball Softball Clubs / Amateur Baseball Federation of India)
Shardul Amarchand Mangaldas (New Delhi)
India 63 contributions 18732 visits
,
Shardul Amarchand Mangaldas (New Delhi)
India 66 contributions 20776 visits
,
Shardul Amarchand Mangaldas (New Delhi)
India 66 contributions 19684 visits
…
The CCI considered at prima facie stage allegations by the Confederation of Professional Baseball Softball Clubs (CPBSC) that the Amateur Baseball Federation of India (ABFI) had abused its dominant position by prohibiting State Baseball Associations from dealing with bodies and leagues not (...)

The EU Court of Justice receives a request for preliminary ruling in relation to whether the rules on the organisation of international football matches comply with EU competition law (ESLC / UEFA / FIFA)
Cruz Vilaça Advogados (Lisbon)
Portugal 5 contributions 3374 visits
Sports go way beyond their economic dimension. They are part of Europe’s identity and culture, fulfilling important social, educational and cohesion purposes. However, when it comes to professional sports and football in particular, the economic dimension has normally taken precedence. That EU (...)

The Italian Competition Authority closes investigations against two football teams for unfair clauses in season ticket contracts (Brescia / Lecce)
Italian Competition Authority (Rome)
Italy 72 contributions 19084 visits
ICA: investigations closed against the Brescia and Lecce football teams for unfair clauses in season ticket contracts* The football clubs have modified their contractual conditions, however Lecce’s clauses excluding reimbursement in the event of supervening impossibility of providing the (...)

The Spanish Competition Authority opens an investigation against a national football federation for abuse of dominant position (RFEF)
Bird & Bird (Madrid)
Spain 29 contributions 4767 visits
,
Ecija & Asociados (Madrid)
Spain 20 contributions 2208 visits
The sale and use of audio-visual football rights in Spain has always been in the spotlight due to frequent controversies between the Spanish Football Federation (“RFEF”), the national professional football league (“LaLiga”) and the football clubs. At a national level, LaLiga organises the (...)

The Belgian Competition Authority rules that a national football association’s conditions to obtain a professional license are prima facie incompatible with competition law and orders interim measures (Virton / RBFA)
Belgian Competition Authority (Brussels)
Belgium 3 contributions 862 visits
,
Tribunal de l’Entreprise (Tongeren)
1 contribution 96 visits
On 19 November 2020, the Belgian Competition Authority (“BCA”) ordered interim measures against the Royal Belgian Football Association (“RBFA”) following a request filed by the professional football club Royal Excelsior Virton (“RE Virton”). The BCA considered that the RBFA’s refusal to grant (...)

The Brussels Court of Appeal annuls the Competition Authority’s decision rejecting a football club’s request for interim measures (Virton / RBFA)
Van Bael & Bellis (Brussels)
Belgium 163 contributions 56017 visits
,
Van Bael & Bellis (Brussels)
Belgium 43 contributions 12012 visits
In a judgment delivered on 19 November 2020, the Markets Court of the Brussels Court of Appeal (Marktenhof / Cour des marchés) (the Markets Court) annulled the decision adopted on 29 June 2020 by the Competition College (Mededingingscollege / Collège de la concurrence) of the Belgian (...)

The Belgian Competition Authority imposes interim measures requested by a football club following an appeal judgment (Virton / RBFA)
Van Bael & Bellis (Brussels)
Belgium 163 contributions 56017 visits
,
Van Bael & Bellis (Brussels)
Belgium 43 contributions 12012 visits
On 19 November 2020, the Competition College (Mededingingscollege / Collège de la concurrence) of the Belgian Competition Authority (Belgische Mededingingsautoriteit / Autorité belge de la Concurrence - the BCA) imposed interim measures on the Royal Belgian Football Association (the RBFA) at (...)

The Swiss Competition Authority fines a cable operator for abusing broadcasting rights (UPC)
Swiss Competition Commission (Bern)
Switzerland 18 contributions 604 visits
COMCO: UPC abused ice hockey broadcasting rights* The Competition Commission (COMCO) fines UPC by around CHF 30 million. In 2016, UPC acquired broadcasting rights for games of the Swiss Ice Hockey Championship. It refused to supply Swisscom with broadcasts of live ice hockey for years. This (...)

The Swiss Competition Authority imposes a fine for abuse of dominant position in the market for ice hockey broadcasting (UPC)
Van Bael & Bellis (Brussels)
Belgium 23 contributions 24596 visits
,
Van Bael & Bellis (Brussels)
Belgium 31 contributions 4238 visits
On 20 October 2020, the Swiss Competition Commission (“COMCO”) fined UPC (a group member of Liberty Global) CHF 30 million for abuse of dominance for refusing to supply live broadcasts of the Swiss Ice Hockey Championship to Swisscom. UPC was found to be dominant on the basis of its (...)

The Australian Competition Authority initiates court proceedings against a wholesale distributor of cycling and sporting products for alleged resale price maintenance (FE Sports)
Australian Competition and Consumer Commission (Canberra)
Australia 397 contributions 84201 visits
FE Sports allegedly engaged in resale price maintenance* The ACCC has instituted proceedings in the Federal Court against B & K Holdings (QLD) Pty Ltd, trading as FE Sports, alleging that it engaged in resale price maintenance for the wholesale supply of cycling and sporting products in (...)

The Albanian Administrative Court of First Instance in Tirana ascertains the abuse of the dominant position by the national football federation (Albanian Football Federation)
Albanian Competition Authority (Tirana)
Albania 4 contributions 431 visits
Republic of Albania Competition Authority* The Competition Authority informs that: Today on 21.09.2020, the Administrative Court of First Instance in Tirana decided: To uphold the Competition’s Commission Decision no. 693, dated 14.05.2020 "To ascertain the abuse of the dominant position (...)

The German Monopolies Commission calls for a level competitive playing field in the sports sector and invites the Competition Authority to issue special guidelines for the sector
White & Case (Düsseldorf)
Germany 37 contributions 15252 visits
,
White & Case (Düsseldorf)
Germany 4 contributions 1982 visits
On July 29, 2020, the German Monopolies Commission published its 2020 biennial Report on Competition (Hauptgutachten XXIII: Wettbewerb 2020) under Section 44(1) Act against Restraints of Competition (“GWB”). In its report, the Monopolies Commission – a permanent, independent advisory body (...)

The Belgian Competition Authority imposes interim measures against a sports association because of its anticompetitive rules (Belgian Bumper Pool Association)
Belgian Competition Authority (Brussels)
Belgium 120 contributions 24123 visits
Interim measure imposed on the Belgian Bumper Pool Association concerning the bumper pool balls that may be played with in competitions and matches* At the request of HCSB BVBA (manufacturer of bumper pool balls), the Competition College of the Belgian Competition Authority (BCA) has imposed (...)

The Croatian Competition Authority finds that the national taekwondo federation did not abuse its dominant position (Croatian Taekwondo Federation)
Croatian Competition Agency (Zagreb)
Croatia 120 contributions 19891 visits
Croatian Taekwondo Federation did not abuse dominant position* The Croatian Competition Agency (CCA) found that the latter that was sent by the Croatian Taekwondo Federation (CTF) to all its members including the complainant – the undertaking LMK, potentially limited access only to a smaller (...)

The German Competition Authority announces that two sports committees have committed to enlarging the advertising opportunities for German athletes during the Olympic Games (DOSB / IOC)
Bird & Bird (Dusseldorf)
Germany 21 contributions 2612 visits
On 27 February 2019, the German Federal Cartel Office (“FCO”) issued a press release announcing that the German Olympic Sports Confederation (“DOSB”) and the International Olympic Committee (“IOC”) committed to enlarge the advertising opportunities for German athletes during the Olympic Games. (...)

Mergers

 The French Competition Authority conditionally approves an acquisition transaction in the online sports betting market (La Française des Jeux / ZEturf)
French Competition Authority (Paris)
France 747 contributions 408240 visits
Takeover of ZEturf by La Française des Jeux: the Autorité makes the transaction conditional on commitments* Background On 6 June 2023, La Française des Jeux notified the Autorité de la concurrence of its plan to acquire sole control of the ZEturf Group. After examining the transaction, (...)

The New Zealand Competition Authority amends the authorisation it granted for a cooperation agreement between two horse and greyhound betting companies to also apply to a multinational sports betting company (TAB / Tabcorp / Entain)
New Zealand Commerce Commission (Wellington)
New Zealand 180 contributions 25189 visits
Commerce Commission amends TAB/Tabcorp authorisation* Following a request from TAB New Zealand, the Commerce Commission (Commission) has decided to amend the authorisation granted by the Commission to certain arrangements between the New Zealand Racing Board (now called TAB) and Tabcorp (...)

The New Zealand Competition Authority receives a request to vary the terms of an existing cooperation agreement between two horse and greyhound betting companies (TAB / Tabcorp / Entain)
New Zealand Commerce Commission (Wellington)
New Zealand 180 contributions 25189 visits
TAB seeks variation to authorisation of its arrangements with Tabcorp to reflect strategic partnership agreement with Entain* The Commerce Commission (Commission) has received a request from TAB New Zealand (TAB) seeking to vary the authorisation granted by the Commission to certain (...)

The EU Commission refers a takeover transaction involving French and British sports equipment distributors to the French Competition Authority (GO Sport / Sports Direct)
French Competition Authority (Paris)
France 747 contributions 408240 visits
European Commission refers review of takeover of GO Sport assets proposed by British group Frasers subsidiary Sportsdirect.com to the Autorité de la concurrence On April 5 2023, the European Commission (EC) referred the review of the acquisition of sole control of GO Sport assets proposed by (...)

The Slovak Competition Authority initiates an administrative proceeding over a merger between sportswear brands (BDS Sport Group / A3 Sport / SR)
Slovak Competition Authority (Bratislava)
Slovakia 57 contributions 5719 visits
MERGERS: AMO SR initiated an administrative proceeding in the matter of merger of undertakings BDS SPORT GROUP Ltd., Cyprus, A3 SPORT, s.r.o., SR and A3 SPORT, s.r.o., CR* According to a notification, the merger is grounded in the acquisition of direct exclusive control of undertaking BDS (...)

The UK Competition Authority fines sports retailers £5M after breaching the rules around a merger blocked by the Authority (JD Sports / Footasylum)
UK Competition & Markets Authority - CMA (London)
United Kingdom 407 contributions 100929 visits
Sports retailers fined almost £5m for breaching CMA order* JD Sports and Footasylum have been fined almost £5 million after breaching the rules around a merger blocked by the CMA. Breaches include the sharing of commercially sensitive information between JD Sports and Footasylum CEOs Failure (...)

The UK Competition Authority imposes its 3 largest fines totalling £56.7M for breaches of initial enforcement orders in connection with 2 mergers in Big Tech and sportswear (JD Sports / Footasylum) (Meta / Giphy)
Ashurst (London)
United Kingdom 18 contributions 6296 visits
Within the last six months, the UK’s Competition and Markets Authority ("CMA") has issued its three largest fines for breaches of an initial enforcement order ("IEO"). These include fines of GBP 50.5 million and GBP 1.5 million for breaches of an IEO imposed in connection with the completed (...)

The Hellenic Competition Authority clears the proposed acquisition of joint control of a tourism and sporting facility (Temes / Autohellas)
Hellenic Competition Commission (Athens)
Greece 132 contributions 18276 visits
Clearance of the proposed acquisition by TEMES and AUTOHELLAS of joint control over SPORTSLAND* Subject: Clearance of the proposed acquisition by TEMES and AUTOHELLAS of joint control over SPORTSLAND By its unanimous Decision No. 753/2021, the Chamber of the Hellenic Competition Commission (...)

The UK Competition Authority publishes its final remittal report deciding to block a completed acquisition by sports-inspired casual footwear and apparel retailer of its rival (JD Sports / Footasylum)
Van Bael & Bellis (London)
United Kingdom 16 contributions 3601 visits
On 5 November 2021, the UK’s Competition and Markets Authority (“CMA”) published its final remittal report into the completed acquisition by sports-inspired casual footwear and apparel retailer JD Sports (“JD”) of rival Footasylum, deciding (once again) to block the transaction. This is the (...)

The UK Competition Authority orders a sneaker and apparel retailer to sell its acquired rival, following an in-depth investigation into the completed transaction (JD Sports / Footasylum)
UK Competition & Markets Authority - CMA (London)
United Kingdom 407 contributions 100929 visits
CMA requires JD Sports to sell Footasylum* The CMA has instructed JD Sports to sell Footasylum after its in-depth investigation identified competition concerns. The Competition and Markets Authority (CMA) has found that the takeover could lead to a substantial reduction in competition and (...)

The UK Competition Authority reassesses a merger in the activewear sector and provisionally finds that it raises competition concerns (JD Sports / Footasylum)
UK Competition & Markets Authority - CMA (London)
United Kingdom 407 contributions 100929 visits
Competition concerns remain over JD Sports merger* The CMA has provisionally found JD Sports’ takeover of Footasylum could lead to a worse deal for shoppers, after reassessing the merger. Following the CMA’s final decision to block the merger between JD Sports and Footasylum in May 2020, (...)

 The Romanian Competition Authority unconditionally approves the acquisition of a software company by its competitor (High-Tech Systems & Software / Kaseke)
Romanian Competition Council (Bucharest)
Romania 160 contributions 29237 visits
The Competition Council approved the taking over of High-Tech Systems & Software SRL by Kaseke Limited* The Competition Council approved the transaction through which Kaseke Limited takes over the company High-Tech Systems & Software SRL and, indirectly, the company Winsoft Suport (...)

The Japanese Competition Authority reviews the proposed acquisition of an American producer of consumer fitness electronics by a Big Tech company (Fitbit / Google)
Japan Fair Trade Commission (Tokyo)
Japan 140 contributions 24856 visits
The JFTC Reviewed the Proposed Acquisition of Fitbit, Inc. by Google LLC* This case concerns a proposed transaction in which Google LLC (JCN3700150072195) (hereinafter referred to as “Google”) headquartered in the U.S. planned to acquire Fitbit, Inc. headquartered in the U.S. Google Group (...)

The EU Commission conditionally clears the acquisition by a Big Tech company of a smartwatch company active in several complementary markets, including app stores, online advertising, and the nascent digital healthcare sector (Fitbit / Google)
Norton Rose Fulbright (Brussels)
Belgium 32 contributions 14167 visits
Google/Fitbit – The EU Commission Misses a Step* The European Commission’s 254-page decision approving Google’s acquisition of Fitbit (the “Decision”) offered the Commission a so-far unique opportunity to apply the 2019 report on “Competition policy for the digital era’s” (the “Digital Era (...)

The UK Competition Authority looks to appeal a Competition Appeal Tribunal judgment stating the lack of information regarding the impact of the COVID-19 pandemic in sportswear retailer case (JD Sports / Footasylum)
UK Competition & Markets Authority - CMA (London)
United Kingdom 407 contributions 100929 visits
CMA looks to appeal CAT judgment in JD Sports case* After careful consideration, the CMA has today applied for permission to appeal the CAT’s recent judgment in the JD Sports/Footasylum case. Last month, the Competition Appeal Tribunal (CAT) supported the Competition and Markets (...)

The UK Competition Appeal Tribunal dismisses the Competition Authority’s decision and authorizes the acquisition of a company in the sports retailing sector in light of the COVID-19 pandemic (JD Sports / Footasylum)
Van Bael & Bellis (Brussels)
Belgium 40 contributions 10009 visits
On 13 November 2020, the UK Competition Appeal Tribunal (“CAT”) upheld an appeal brought by JD Sports against the Competition and Markets Authority’s (“CMA”) decision to prohibit its already completed acquisition of rival retailer Footasylum. On 6 May 2020, the CMA had blocked the merger (...)

The UK Competition Appeal Tribunal supports the Competition Authority’s approach to estimating the merger effects on consumers but finds that it did not gather enough information about the impact of the COVID-19 pandemic on the merger (JD Sports / Footasylum)
UK Competition & Markets Authority - CMA (London)
United Kingdom 407 contributions 100929 visits
CMA considers next steps in JD Sports/Footasylum merger* The CMA is considering its next steps following today’s Competition Appeal Tribunal judgment in the JD Sports/Footasylum case. JD Sports had appealed the Competition and Market Authority’s (CMA) final decision to block its takeover (...)

The UK Competition Appeal Tribunal upholds the appeal brought by a company for a merger in the sports retail sector in light of the COVID-19 pandemic (JD Sports / Footasylum)
Ashurst (London)
United Kingdom 21 contributions 4411 visits
,
Ashurst (London)
United Kingdom 4 contributions 652 visits
On 13 November 2020, the UK Competition Appeal Tribunal ("CAT") published its judgment in relation to the merger of JD Sports and Footasylum. The merger was prohibited by the UK Competition and Markets Authority ("CMA") in May, but JD Sports appealed. The CAT partially upheld the appeal and (...)

The EU Commission unconditionally clears the merger of two companies active in the acquisition of sports broadcasting rights in Czechia and Slovakia and in the sale of advertising space in Czechia (PPF / CME)
European Commission - DG COMP (Brussels)
Belgium 1361 contributions 2922317 visits
Mergers: Commission approves PPF’s acquisition of CME* The European Commission has approved unconditionally, under the EU Merger Regulation, the proposed acquisition of Central European Media Enterprises ("CME") by PPF Group NV ("PPF"). The Commission concluded the transaction would raise no (...)

The New Zealand Competition Authority receives a clearance application from a technical production company to acquire a broadcasting business (NEP Broadcast Services / Sky Network Television)
New Zealand Commerce Commission (Wellington)
New Zealand 180 contributions 25189 visits
NEP seeks clearance to acquire Sky’s outside broadcasting assets* The Commerce Commission has received a clearance application from NEP Broadcast Services New Zealand Limited to acquire from Sky Network Television Limited the assets of its outside broadcasting business, Outside Broadcasting (...)

The UK Competition Authority fines a sports manufacturer and its parent company for breach of merger-freeze order with a footwear retailer (JD Sports / Footasylum)
Government Legal Department (London)
United Kingdom 18 contributions 2517 visits
On 5 August 2020, the UK’s Competition and Markets Authority (the “CMA”) fined JD Sports and its parent company Pentland Group £300,000 for failing to comply with an initial enforcement order (“IEO”) imposed with regard to JD Sports’ completed merger with footwear retailer Footasylum. The CMA (...)

The Slovenian Administrative Court annuls the Competition Authority’s merger prohibition decision and divestment order in sports programming industry (Sport Klub)
Rojs, Peljhan, Prelesnik & partnerji (Ljubljana)
Slovenia 2 contributions 155 visits
On 4 September 2018 the Slovenian Competition Protection Agency (“CPA”) issued a merger control decision by which the CPA prohibited the acquisition of a broadcaster of several sport TV channels by United Group B.V. The CPA also ordered a divestment of sport TV channels. United Group B.V. (...)

The UK Competition Authority blocks a sports-fashion merger finding that even with the COVID-19 pandemic significantly impacting the sector, there would still be negative effects on competition if the merger proceeded (JD Sports / Footasylum)
UK Competition & Markets Authority - CMA (London)
United Kingdom 407 contributions 100929 visits
CMA blocks sports-fashion merger* The CMA has blocked JD Sports’ purchase of close competitor Footasylum after finding it would leave shoppers worse off. Following an in-depth Phase 2 investigation, the Competition and Markets Authority (CMA) has concluded that this transaction would lead (...)

The UK Competition Authority blocks a sports-fashion retailer acquisition finding that even with the COVID-19 pandemic significantly impacting the relevant sector, the transaction would lead to a substantial lessening of competition nationally (JD Sports / Footasylum)
Van Bael & Bellis (Brussels)
Belgium 227 contributions 72546 visits
On 6 May 2020, the UK’s Competition and Markets Authority (“CMA”) blocked the sports-fashion retailer JD Sports’ already completed purchase of sportswear retailer Foot- asylum. The CMA concluded that the parties were close competitors and the transaction would lead to a substan- tial lessening (...)

The UK Competition Authority unconditionally clears a merger between two main online betting brands in the country (Flutter / Stars)
UK Competition & Markets Authority - CMA (London)
United Kingdom 407 contributions 100929 visits
Merger between betting firms cleared by the CMA* Following an investigation, the CMA has cleared the merger between gambling companies Flutter and Stars. The companies are 2 of the main online betting brands in the UK, with a combined revenue of £1.5 billion. Flutter owns Paddy Power and (...)

The UK Competition Authority finds that a merger in the sports fashion market raises competition concerns (JD Sports / Footasylum)
UK Competition & Markets Authority - CMA (London)
United Kingdom 407 contributions 100929 visits
Sports fashion merger raises competition concerns* The CMA has found that JD Sports’ takeover of close competitor Footasylum could be bad for shoppers. The Competition and Markets Authority (CMA) is concerned that the loss of competition brought about by the merger could result in a worse (...)

The French Competition Authority clears a merger on the market for the transfer of professional players, which had never been defined before by decision-making practice (Ineos / OGC Nice)
French Competition Authority (Paris)
France 747 contributions 408240 visits
Professional football* The Autorité de la concurrence clears the acquisition of OGC Nice by Ineos On 22 July 2019, Ineos notified the Autorité de la concurrence of its plan to acquire control of SASP Olympique Gymnaste Club de Nice Côte d’Azur, which manages the OGC Nice football club. By (...)

State Aid

 The EU Court of Justice upholds the judgement of the General Court and thus raises the burden of proof on the Commission when trying to prove State aid cases (Valencia Club de Fútbol)
Maastricht University (Maastricht)
Belgium 357 contributions 66536 visits
In order to detect State aid in a state guarantee, it is necessary to carry out a search to identify the market rate, if it exists. There is no general presumption that an undertaking in difficulty cannot obtain a guarantee from the market. It is necessary to consider the risk of default. (...)

The EFTA Surveillance Authority approves amendments to two Norwegian aid schemes for the sports and voluntary sectors due to the COVID-19 outbreak
EFTA Surveillance Authority (Brussels)
Belgium 140 contributions 28673 visits
COVID-19 pandemic: ESA approves amendments to two Norwegian aid schemes for the sports and voluntary sectors* The EFTA Surveillance Authority (ESA) has today approved amendments to two aid schemes: one compensating voluntary organisations, and another compensating voluntary organisations (...)

The EFTA Surveillance Authority approves a €5.4 million in compensation to a Norwegian indoor arena for financial losses caused by COVID-19 related restrictions (Trondheim Spektrum)
EFTA Surveillance Authority (Brussels)
Belgium 140 contributions 28673 visits
COVID-19 pandemic: ESA approves compensation to Trondheim Spektrum AS* The EFTA Surveillance Authority (ESA) has today approved NOK 5.4 million (EUR 540 000) in compensation to Trondheim Spektrum AS for financial losses caused by COVID-19 related restrictions. Trondheim Spektrum is a (...)

The EU Court of Justice rules that the Commission must re-examine whether the sale of a motorsports association entails a grant of State Aid (Ja zum Nürburgring / NeXovation)
European Court of Justice (Luxembourg)
Luxembourg 331 contributions 109558 visits
The Commission must re-examine whether the sale of the Nürburgring in 2014 entailed a grant of State aid* In the same year, it wrongly ruled out the presence of doubts as to the possible existence of an advantage conferred on the buyer and decided not to open a formal investigation procedure (...)

The EFTA Surveillance Authority approves the prolongation of a Norwegian State aid scheme for sporting events of national importance amidst the COVID-19 pandemic
EFTA Surveillance Authority (Brussels)
Belgium 140 contributions 28673 visits
COVID-19 pandemic: ESA approves prolongation of Norwegian aid scheme for sporting events of national importance* The EFTA Surveillance Authority (ESA) has today approved a prolongation until 31 October 2021 of a scheme providing support to sporting events affected by the ongoing COVID-19 (...)

The EFTA Surveillance Authority approves the prolongation and amendments brought to two Norwegian aid schemes that provide support to event organizers facing continued financial losses due to the COVID-19 pandemic
EFTA Surveillance Authority (Brussels)
Belgium 140 contributions 28673 visits
COVID-19 pandemic: ESA approves prolongation and amendments to financial aid schemes for organisers of events in the sporting and voluntary sectors in Norway* The EFTA Surveillance Authority (ESA) has today approved a prolongation and amendments to two Norwegian aid schemes that provide (...)

The EFTA Surveillance Authority approves a Norwegian aid scheme for sporting events of national importance
EFTA Surveillance Authority (Brussels)
Belgium 140 contributions 28673 visits
COVID-19 pandemic: ESA approves Norwegian aid scheme for sporting events of national importance* The EFTA Surveillance Authority (ESA) has today approved an aid scheme that will provide financial support to voluntary organisations organising sporting events considered to be of national (...)

The EU Commission approves a French state aid scheme to compensate ski lift operators for damages suffered due to the COVID-19 pandemic
European Commission - DG COMP (Brussels)
Belgium 1361 contributions 2922317 visits
State aid: Commission approves French scheme to compensate ski lifts operators for damages suffered due to coronavirus outbreak* The European Commission has approved, under EU State aid rules, a French scheme with a budget between €140 and €700 million to compensate ski lifts operators for (...)

The EU Court of Justice rules that a football club received illegal State aid and sets aside the judgment of the General Court (Fùtbol Club Barcelona)
Free University of Brussels (ULB)
Belgium 18 contributions 29608 visits
On 4 March 2021, the European Court of Justice ("ECJ") handed down its much awaited judgment in the Fùtbol Club Barcelona ("FCB") case. It set aside the judgment of the General Court. As a result, the European Commission’s decision classifying as State aid a tax scheme that was available to (...)

The EU Court of Justice decides that the various components of a tax system form an indivisible whole and the effect they produce differ (Fútbol Club Barcelona)
Maastricht University (Maastricht)
Belgium 357 contributions 66536 visits
“Global” Assessment of Tax Schemes* It is incumbent on the Commission to carry out a global assessment of tax schemes. But it must take into account only those provisions of schemes that apply ex ante and do not depend on the circumstances of individual tax payers. Only when aid has to be (...)

The EU Court of Justice declares that the General Court erred in law by annulling a Commission decision which considered tax exemptions to sports clubs illegal State aid because the Commission does not have to consider the counterfactual tax environment when determining the legality of State aid (Fútbol Club Barcelona)
McDermott Will & Emery (Brussels)
Belgium 50 contributions 9847 visits
,
Allen & Overy (Brussels)
Belgium 22 contributions 5299 visits
On 4 March 2021, the CJEU rendered its judgment in Case C-362/19, European Commission v Fútbol Club Barcelona, concerning State aid arising out of the taxation of professional sports clubs in Spain. In July 2016, the EC found that Spain had unlawfully implemented aid in the form of a (...)

The EU Court of Justice further relaxes the standards of review of “aid schemes” and annuls the General Court’s judgment on Spanish football clubs (Fútbol Club Barcelona)
Van Bael & Bellis (Brussels)
Belgium 155 contributions 34904 visits
,
Hogan Lovells (Brussels)
Belgium 37 contributions 6455 visits
On 4 March 2021, the European Court of Justice (“ECJ”) delivered another interesting judgment (Case C-362/19 P) in the “Spanish football club saga”, which set aside the General Court’s (“GC”) judgment of 26 February 2019, Fútbol Club Barcelona v Commission (Case T-865/16, the “judgment under (...)

The EU Court of Justice sets aside the judgment of the General Court which annuls the Commission’s decision and classifies as State aid the Spanish tax scheme in the football clubs sector (Fútbol Club Barcelona)
European Court of Justice (Luxembourg)
Luxembourg 331 contributions 109558 visits
The Court of Justice sets aside the judgment of the General Court by which the Commission’s decision classifying as State aid the tax scheme of four Spanish professional football clubs had been annulled* The action which had been brought by Fútbol Club Barcelona against that decision is (...)

The EU Commission approves €202 million Croatian scheme to support companies in the tourism and sports sectors in the context of the COVID-19 pandemic
European Commission - DG COMP (Brussels)
Belgium 1361 contributions 2922317 visits
State aid: Commission approves €202 million Croatian scheme to support companies in the tourism and sports sectors in the context of coronavirus outbreak* The European Commission has approved an approximately €202 million (HRK 1.525 billion) Croatian State aid scheme to support companies of (...)

The EFTA Surveillance Authority approves Norwegian renewal of support scheme for cultural events due to the COVID-19 pandemic
EFTA Surveillance Authority (Brussels)
Belgium 140 contributions 28673 visits
COVID-19 pandemic: ESA approves renewal of support scheme for cultural events in Norway* The EFTA Surveillance Authority (ESA) has today approved renewal and amendments of a scheme to cover losses following cancellation and postponement of events. Events across Norway have been cancelled (...)

The EFTA Surveillance Authority approves renewal of Norwegian support to event organizers in the sports and voluntary sector due to the COVID-19 pandemic
EFTA Surveillance Authority (Brussels)
Belgium 140 contributions 28673 visits
COVID-19 pandemic: ESA approves renewal of support to event organisers in the sports and voluntary sector* The EFTA Surveillance Authority (ESA) has today approved renewal and amendments of a scheme to cover losses following cancellation and postponement of events. Events across Norway (...)

The EFTA Surveillance Authority greenlights amendments and prolongation of Norwegian schemes compensating losses for sport, voluntary and cultural events due to the COVID-19 pandemic
EFTA Surveillance Authority (Brussels)
Belgium 140 contributions 28673 visits
COVID-19 Pandemic: ESA greenlights amendments and prolongation of schemes compensating losses for sport, voluntary and cultural events* The EFTA Surveillance Authority (ESA) has approved amendments and prolongation of two schemes for organisers in the culture, sports and voluntary sector in (...)

The EFTA Surveillance Authority prolongs and amends 6 sets of state aid guidelines to guarantee legal certainty in light of the COVID-19 pandemic
EFTA Surveillance Authority (Brussels)
Belgium 140 contributions 28673 visits
State Aid: ESA prolongs and amends guidelines* Today, the EFTA Surveillance Authority (ESA) has decided to prolong six sets of state aid guidelines that were due to expire at the end of 2020. The decision, which mirrors that taken by the European Commission on 2 July 2020, is designed to (...)

The EU General Court annuls the Commission’s decision that a football club received over €20 million in unlawful State aid (Valencia Club)
Oxera (Brussels)
Belgium 13 contributions 13608 visits
The General Court has annulled the European Commission’s decision that Valencia Club de Fútbol (Valencia CF) received over €20m in unlawful state aid. Oxera undertook the financial analysis that supported Valencia CF’s appeal to the General Court, and which underpinned the annulment of the (...)

The EU General Court annuls the Commission’s decision ordering Spain to recover €18 million of incompatible State aid (Real Madrid)
European Commission - DG COMP (Brussels)
Belgium 45 contributions 20821 visits
,
Gómez-Acebo & Pombo (Brussels)
Belgium 51 contributions 29048 visits
,
Basic-Fit (Hoofddorp)
Netherlands 45 contributions 20827 visits
On 22 May 2019, the General Court rendered its judgment on the action for annulment filed by Real Madrid against the Commission Decision of 4 July 2018 that (i) declared that the football club had been granted incompatible State aid worth EUR 18 million; and (ii) ordered Spain to recover this (...)

The EU Court of Justice and the General Court rule in two separate judgments on State aid showing their approach to complex economic assessments when the burden of proof is on the Commission (Frucona Kosice) (Fútbol Club Barcelona)
Garrigues (Brussels)
Belgium 19 contributions 11537 visits
EU Judicial Review: Major Antitrust Implications of Recent State Aid Cases* We competition lawyers often wrongly approach our discipline in isolation from the wider context in which it is applied. This is also true when it comes to judicial review. We tend to forget that antitrust is only a (...)

The EU General Court annuls the Commission’s State aid decision concerning a Spanish tax regime (Athletic Club)
European Commission - DG COMP (Brussels)
Belgium 45 contributions 20821 visits
,
Gómez-Acebo & Pombo (Brussels)
Belgium 51 contributions 29048 visits
,
Basic-Fit (Hoofddorp)
Netherlands 45 contributions 20827 visits
In 2016, the Commission adopted a decision declaring that four Spanish professional football clubs (i.e., Fútbol Club Barcelona, Club Atlético Osasuna, Athletic Club and Real Madrid Club de Fútbol) had received incompatible state aid in the form of corporate tax privileges. As a consequence, (...)