Competition and Sport: No Longer So Special?

Abstract

‘It’s every man for himself and the devil take the hindmost.’1 This Survey of the growing interest in applying the EU competition rules to sport is set in the context of the decision of the European Commission on 8 December 20172 in relation to the complaint brought against the rules of the International Skating Union (ISU). The Survey examines the ISU decision in Parts I–III. The significance of the ISU decision is analysed in Part IV. The ISU decision suggests that the European Commission is willing to take a tough stance against practices of Sports Governing Bodies (SGB) that are not wholly related to the governance of the sport and may have implications for the development of competition in sports markets. The use of competition law in this way brings a new set of issues to the academic discussion of the role and purpose of competition law. On the one hand competition law is being used in the earlier role as a tool to enhance freedom to contract. But also in the modern era it is also a valuable constitutional tool for protecting fundamental rights and due process. Part V examines the rise in sport-related complaints to national regulatory bodies and courts and Part VI examines the escalation of complaints to the European Commission. Part VII questions the implications of using competition rules to challenge the governance of sport, pointing out that there may be negative effects for the sports market if competition is used to undermine the fundamental governance structures of SGB and consumer welfare interests may not be met if there is too much competition in sports markets.