ECJ ruling: UEFA must not prevent Super League
After 17 months of proceedings, there is a verdict: the European Court of Justice makes a Super League in soccer at least theoretically possible and at the same time finds an "abuse of a dominant market position" by UEFA and FIFA. However, this does not mean that a Super League must be approved.
The European Court of Justice has opened the door for the creation of a Super League. In its ruling, the highest European court classified the monopoly position of the European Football Union (UEFA) and the world governing body FIFA as incompatible with European competition law. After 17 months of proceedings, this would clear the way for the start of the controversial billion-euro league. However, this does not necessarily mean that the Super League has to be approved, according to the judges.
The ECJ found an "abuse of a dominant market position" by UEFA and FIFA. The ruling is therefore in contrast to the opinion of Advocate General Athanasios Rantos. The latter had stated that the Super League could in principle start its own operations, but could not demand simultaneous participation in the competitions of the associations without their consent. The 15 judges of the Grand Chamber overturned this second part and gave the drivers hope.
According to them, the threat of sanctions, including exclusion from their own competitions, on the part of UEFA or FIFA is not legally compliant. According to the ruling, this would be an abuse of the monopoly position of the powerful associations in terms of competition law. Approval of new competitions by the two associations would not be required.
The drivers of a Super League had filed a lawsuit against the unfair monopoly position of UEFA and FIFA following the resounding failure to establish it in April 2021, and a Madrid court referred the case to the ECJ. The sports marketing agency A22, which is backed by the remaining supporters Real Madrid and FC Barcelona, joined the lawsuit and dared to make a new attempt with a different concept.
As the dispute is not only about antitrust issues, a counterclaim from UEFA and FIFA could now follow in another area. As reported by ARD and others, the English Premier League is threatening its clubs with a 35-point deduction if they join "unauthorized competitions". This regulation remains in place, but the hope is that the English clubs will use the ruling to push for the removal of such obstacles.
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The ruling from the European Court of Justice suggests that a Super League in soccer could theoretically be established, as they find UEFA and FIFA's monopoly position incompatible with European competition law. Despite this, the creation of a Super League is not automatically approved by the court.
The Super League's proponents have gained hope following the ECJ's decision, as the court ruled that threats of sanctions, including exclusion from their own competitions, by UEFA or FIFA would be considered an abuse of their dominant market position.
Source: www.ntv.de
