Report on the hearing at the Higher Regional Court of Düsseldorf (OLG Düsseldorf) on 21 February 2024   Introduction  “We don’t really know what the LG Dortmund should have done wrong.” Presiding judge at the beginning of the hearing   “Oh boy, when it starts like this already…” the representatives of FIFA and the DFB…

Introduction On 21 December 2023 the Court changed its interpretation of EU competition law. The three judgments handed down that day asked as many questions as they answered, and it was obvious that further clarification would be required. Already in January 2024 two further rulings – Case C‑128/21 Lietuvos notarų rūmai, and others and Case…

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),…

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…