Introduction One of the biggest controversies in European football right now is the fight between UEFA, Europe’s continental football association, and the European Super League (ESL), a proposed breakaway league composed of some of the biggest clubs and commercial names in the sport; a case arising out of the dispute recently reached the European Court…

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…

Sport itself is all about the competition on the pitch. However, sports federations’ actions and regulations have come increasingly into the focus of competition watchdogs and courts worldwide. A well-known example is the dispute over the establishment of the European Super League. As the recently announced merger between golf associations PGA and L.I.V. demonstrates, competition…

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 contracts for the commercialization of CAF’s media and marketing rights (the “Intermediation…

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 offering. Consequently, the ECJ’s ruling may shape Europe’s sports sector…

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…

The 50+1 rule is a distinctive feature of German professional football. While majority shareholdings of investors are not uncommon in other professional football leagues, this rule makes them almost impossible in Germany. However, the Bundeskartellamt (Federal Cartel Office: FCO) may now have put a stop to this long-standing practice. So, might we even witness investor-led…

The Super League (SL) might have had the lifespan of a fly, the legal questions it raised will linger on. These legal issues are of particular importance for other sports, considering that comparable questions have been raised in European American football and basketball. Therefore, the legal issues associated with the SL have the potential to…