The Interplay between EU Competition Law and Professional Sports: Recent Developments and Their Potential Impact on Small States

Abstract

In its December 2023 judgements delivered in the European Superleague Company and International Skating Union v Commission cases, the Court of Justice of the European Union concluded that the rules established by such sports governing bodies as FIFA, UEFA, and the International Skating Union with regard to prior authorisation of alternative competitions falling outside their jurisdiction were restrictive ‘by object’ under the union’s competition law, thus forming a pathway to creating such alternative competitions in one respect. Analysing these rulings’ potential impact on professional sports, the article discusses possible harmful effects that certain alternative competitions could have on sports in small states in particular. The author advocates taking the potential for such effects into account when national courts direct their attention to further assessing the governing bodies’ pre-authorisation rules and their specific refusals to authorise certain alternative competitions.