On 21 December 2023, the CJEU hit the newspaper headlines after handing down the judgments in Case C-333/21 European Super League Company, Case C-124/21 P International Skating Union v Commission, and Case C-680/21 Royal Antwerp Football Club (see an analysis of those cases from the antitrust perspective here). All three cases raised complex questions regarding the…
On 21st December 2023, the Court of Justice of the European Union (“CJEU”) achieved a “hattrick” with three important judgments on the interplay of sports and EU Law. In particular, the CJEU delivered three judgments on sports governing bodies’ statutes compliance with EU Law, especially EU Competition Law. In its ISU (C-124/21 P), ESL (C-333/21),…
On 24 July 2023, the Court of Arbitration for Sport (CAS) issued a very relevant award in case CAS 2023/O/9370 Professional Football Agents Association (PROFAA) v. FIFA (the Award), in which it examined various claims of illegality of the new FIFA Football Agents Regulations (FFAR) under several areas of law, most importantly those under EU…
Background More than 13 years ago, speed skater Claudia Pechstein had an abnormal blood sample, which she had to give as part of a doping control. She was subsequently banned in 2009 by the International Skating Union (ISU) for two years. The Court of Arbitration for Sport (CAS) confirmed this ban in 2009. According to…
In a recent judgment providing a preliminary ruling in the case, Apple Sales International et al. v. EBizcuss.com (C-595/17, October 24, 2018) (“EBizcuss.com”), the Court of Justice of the European Union (“CJEU”) affirmed that jurisdiction clauses subject to EU law may be enforced by Member State courts in the context of actions for damages for abuse of dominance…
A commentary on the OECD Competition Commission conclusions on using arbitration to effectively resolve competition law disputes By Francesca Richmond and Sarah West There has been increasing use of arbitration to resolve disputes involving competition law issues in recent years. However, it is surprising that the number is not even greater given that arbitral processes…
