Alkis Papantoniou Law Office’s Post

This decision of allowing league matches to be played overseas could result in a major shift in the traditional structures of men's club football. Key points raised in the article pertain to the formation of a working group to provide recommendations on this matter and the considerations that need to be taken into account, particularly focusing on fairness to fans and adequate provisions for supporters. One of the critical aspects is the importance of fairness to fans who may miss out on attending home or away matches due to them being played in a different territory. This raises ethical and logistical concerns about how to balance the interests of fans who may not have the opportunity to attend matches in person. The principle of providing adequate notice to fans is crucial in ensuring that fans are informed and can plan accordingly. Moreover, it is important to consider whether sufficient arrangements are in place for fans of the teams involved in overseas matches to attend the games in the host country. This requirement underscores the significance of fan engagement and ensuring that supporters are catered to, irrespective of where the matches take place. The overall theme of globalization in football emerges strongly through this matter, as international matches could have implications for the European club game and the revenue potential for top clubs. The shift towards tapping into international interest and seeking opportunities abroad reflects the evolving landscape of football and the broader commercial considerations at play. The Fifa's decision to explore the possibility of playing league matches overseas raises important questions regarding fan involvement, fairness, and the commercialization of the sport. As football continues to globalize, it will be crucial for stakeholders to navigate these changes while prioritizing the interests of fans and preserving the essence of the game. https://lnkd.in/egVei2ym

📢 FIFA has published the 2023 edition of the Global Transfer Report. 📊 Some interesting facts showing the pivotal role of global transfer system in evolution of the world of football: MEN 📈 A record of 4,971 clubs representing 180 of FIFA’s 211 member associations and all six confederations – were involved in the 21,801 transfers, showcasing the wide and diverse range of clubs participating in international transfers. 💰 Clubs spent a new record high amount on international transfer fees in 2023, with their combined outlay reaching a total of USD 9.63 billion, up from 6.50 billion in 2022–an increase of 48.1%. 🤝Permanent transfers with a transfer agreement between the two clubs tend to attract most of the public and media attention, but they typically only represent 15.0% of all transfers. Players moved on loan in 2,691 transfers (12.3% of all transfers). By far the most common transfer type was that of players who moved to a new club abroad while out of contract. There were 14,082 such transfers in 2023, 64.6% of the year’s total. 💸 Sell-on fees are becoming increasingly common in the modern game, especially in transfers that also include a regular transfer fee, 60.0% of which included such a clause in 2023. These clauses are rarer in transfers without a transfer fee, and in 2023 just 28.3% of these transfers included a sell-on fee. There were 2,726 transfers with a sell-on fee in 2023 – a new all-time high and 21.9% more than in 2022. WOMEN 🏅 The impressive growth of women’s professional football also showed no sign of letting up in 2023, with more than 20% more transfers last year compared to 2022. The number of clubs involved in international transfers also rose from 507 in 2022 to 623 in 2023, a 22.9% increase. All of these numbers reflect the huge strides being taken in the women’s game, with more and more female players turning professional. Some 1,888 international transfers of professional players were recorded in 2023, while a new high of 131 associations (+7.4% compared to 2022) were involved in these transfers. https://lnkd.in/dc3PsAUm

THE JUDGMENT OF THE COURT OF JUSTICE (GRAND CHAMBER) DECEMBER 21, 2023: THE MONOPOLY OF FIFA AND UEFA IN THE ORGANIZATION OF INTERNATIONAL FOOTBALL COMPETITIONS IS IN VIOLATION OF THE PRINCIPLES OF THE TFEU (ARTICLES 101, 102 AND 56).   The European Court of Justice (Grand Chamber), with the decision of December 21, 2023 (Case C-333/21, European Superleague Company SL v FIFA and UEFA), ruled that the monopoly of FIFA and UEFA in the organization of international football competitions violates the principles of the TFEU.   In particular, in the opinion of the Court, the conduct of FIFA and UEFA - consisting of maintaining a centralization of the organization of competitions and related rights, as well as prohibiting the organization of parallel competitions, including through the threat of sanctions, by their dominant position in the market - constitutes a violation of the prohibition of restrictions on free competition (Article 101), the prohibition of abuse of dominant position (Article 102) and the principle of freedom to provide services (Article 56).   Such conduct, as noted by the Court, appears to be neither justified by the need to ensure a better organization of international competitions, nor proportionate and functional to the pursuit of this public interest goal, but rather, is in conflict with the interests of market operators (football clubs and broadcast operators) and consumers.   The decision in question, in the opinion of the writer, is fully supportable from a legal standpoint. The monopoly of FIFA and UEFA, in the organization of international competitions and the management of the related revenues, could not but be recognized as a violation of the principles of free competition, as summarized above and as exhaustively motivated, in the 258 paragraphs of the judgment.   This ruling is of crucial significance for the future of the entire football system, as it allows, at least potentially, the organization of parallel competitions by entities other than international football institutions, as has long been the case in other sports (motor racing, basketball, tennis) of considerable financial interests.   It is, therefore, realistic that, in the near future, the traditional international football competitions organized by FIFA and UEFA may be joined and superseded by new competitions organized by private entities, also in light of the increasing interest in football by non-European States with extraordinary financial power.   https://lnkd.in/dQjCkMX6

Thanks Miles Rose This does raise a number of key questions including the risks of multiple English clubs being owned by foreign sovereign funds. They have no interest in supporting the English pyramid that we need for a healthy nation, national game and national team. Football is business but also our national sport #premierleague #sustainability #sustainablesports #efl #football #englishsport #financialfairplay

The Super League is back. Or not. Or maybe. We’ll see. The ECJ confirmed on 21 December 2023 that UEFA and FIFA has abused ‘a dominant position’ by instituting rules that make setting up a new football competition subject to their approval and controlling participation of clubs and players through threat of sanctions, without having a framework to ensure its powers are exercised transparently, objectively, non-discriminatorily and proportionately. The new football competition in this case was, of course, the Super League. The ECJ also confirmed that UEFA and FIFA’s exclusive control of commercial/media rights for football matches/events restrict competition. The judgment clearly opens the door to the creation of the Super League or some other rival competition. Whether or not anyone will walk through it any time soon remains to be seen. It is very plausible that a challenge to the existing order will arise at some point - Real Madrid and Barcelona appear very committed to the Super League and if the Saudi Pro League establishes itself, then one would assume that its clubs will want to compete with Europe’s best (and they may be loathe to do so on UEFA’s terms). However, the Premier League ‘Big 6’ clubs (and others) were swift to distance themselves from the Super League after the judgment, so a rival competition may struggle to gain traction in the near future. What does seem certain is that if a new competition is launched and its lifespan can be measured in weeks/months/years (and not hours/days as with the original Super League proposal), there will be a significant number of disputes – for example, UEFA/FIFA may refuse to approve the new competition (which the ECJ does allow for them to do), or a broadcaster may seek to terminate its contract with UEFA to agree a deal with the new competition, or what if a player has a Champions League appearance bonus in their contract and their club quits Champions League. Anyway, stay tuned for more insightful legal commentary in 2024. Possibly on the other two sports law related judgments issued by the ECJ on 21 December 2023 or maybe even on non-sports legal developments - it is a new year after all. https://lnkd.in/eZKeMaXY

🏆 Insights on ECJ’s groundbreaking ruling on European Superleague Company v. FIFA and UEFA (Case C-333/21) ✔ EU Law in Sports: The Court affirms that sports, including football, are subject to EU law. This reinforces the need for football governance to align with broader EU regulatory standards. ✔ Market Dominance Scrutiny: The ruling critically examines FIFA and UEFA's dominant positions in organizing and marketing international football competitions, spotlighting their potential abuse of power in competition approvals and participation. ✔ Regulation v. Competition: The Court advocates A nuanced balance, acknowledging the need for regulation in sports but warning against practices that unjustly hinder market competition. ✔Transparency and Fairness: The decision emphasizes transparent, objective, and non-discriminatory rules in sports governance, advocating equitable treatment across the football ecosystem. ✔Freedom of Services and Market Access: Highlighting the importance of fair access in the sports sector, the ruling addresses restrictions on the freedom to provide services, as per Article 56 TFEU. Broader Implications 🤔: ✔ Broader Sector Impact: This precedent extends beyond football, signalling enhanced scrutiny of other sports bodies and sectors with dominant market players, like technology and pharmaceuticals. ✔ Governance Evolution: The ruling may inspire global regulatory bodies to re-evaluate dominant entities in their jurisdictions, potentially leading to stricter antitrust enforcement and fairer competition. For Football ⚽ and Sports Fans 🏅: The ECJ decision opens the door for new European competitions, potentially challenging the traditional dominance of domestic leagues and UEFA competitions. It is a nod towards the viability of concepts like the Super League, albeit within a framework that ensures fairness and preserves the open nature of football competitions. Read the decision here: https://lnkd.in/dZ_Sa8Rg #ECJ #EuropeanSuperLeague #FIFA #UEFA #SportsLaw #FootballGovernance #Antitrust #CompetitionLaw #AbuseOfDominance #CompetitionVRegulation

Happy Super League judgment day! Today, the #EuropeanCourtofJustice published its long-awaited judgment on three high-profile competition law cases in sports: the #EuropeanSuperLeague, #InternationalSkatingUnion, and #RoyalAntwerpFootballClub. Key conclusion: monopoly sports organisers (like UEFA and FIFA) cannot just impose rules that exclude competing sports organisers. The organisation of sports competitions is, 'quite evidently', an economic activity and therefore has to comply with competition rules. A big blow to dominant sports federations. They now seem to be required to open the door to competing sports organisers. [Edit: outcome quite a bit more nuanced after reading the actual judgment] Reading the press releases, two points seem to stand out: First, the court stresses the risk of conflict of interest when monopoly sports organisers both regulate the sport and organise its commercial sports events. It therefore has to put in place access rules that are transparent, objective, non-discriminatory, and proportionate. The banning of clubs participating in the breakaway European Super League does not fit these criteria, according to the court. Second, the court press releases in each of the cases make exactly zero references to the 'European Sports Model'. This is remarkable, because it is exactly this model (with open competitions and financial solidarity from top leagues to amateur leagues) that was cited by AG Rantos in last year's opinion as justifying restricting competition. Happy reading of the judgments, for those of you that celebrate Super League judgment day. 🎄 #ECJ #SuperLeague #ESL #ISU #competitionlaw #EuropeanSportsModel

The monopoly of sports associations in Europe (probably) ends.   The Court of Justice delivered two long-awaited decisions in the SuperLeague and ISU cases. Nothing less than the entire European sports model was at stake. The model based on sports competitions centrally managed by monopoly sports associations having the power to vet creation of new competitions or block athletes from competing in events organised outside the association clashes with EU competition law. According to the court, UEFA and FIFA abused their dominant position by blocking the SuperLeague project, and so did the International Skating Union by preventing athletes from competing in events not organised by the ISU.   Implications of the judgments are potentially far-reaching. With the SuperLeague project itself now defunct, new similar projects may emerge in the future, transforming the sports landscape in Europe from the centrally managed relegation and promotion model to the franchise model known in the USA, all in the name of competition law.

Betano, a company based in Upper Austria, is the first sports betting provider in UEFA's history to sponsor a European Football Championship – this year's EURO 2024. This connection can already be seen as problematic as the company profits from gambling addiction. Another controversial fact is that the business was recently convicted in Germany, as it has been operating for years without a gambling licence. While the company is an international player in the market, it is relatively unknown in its country of origin. Thanks to a national peculiarity, Austria is attractive to many betting providers: it is the only country in the EU that classifies sports betting as a game of skill rather than a game of chance. While games of chance are subject to stricter laws, games of skill are not uniformly regulated but a matter for the federal states, leading to legal confusion and a grey market. These types of companies also face no advertising restrictions. As a result, international betting providers operate in Austria without a licence and adequate player protection. A Top Story by Claudia Tschabuschnig. Read here: https://buff.ly/4erzQ3D

A great post from our members, Toda & Nel-lo Does competition law apply to UEFA's and FIFA's rules on the approval of football club competitions? CJEU answers yes in the Super League case. On December 21, 2023, the Court of Justice of the European Union (CJEU) delivered a judgment on the preliminary ruling raised by a Commercial Court of Madrid regarding the Super League football case. A Spanish company (referred to as "ESCL"), formed by various European football clubs, announced the Super League, a new annual European club football competition. In response, FIFA and UEFA, private law associations based in Switzerland, issued a joint statement refusing to recognize this new competition, warning that any player or club participating in it would be excluded from competitions organized by these two associations. In response, the promoting company of the project filed a lawsuit against those associations before the Commercial Court, essentially seeking a declaration of the illegal and detrimental nature of this announcement. The judgment of the European Court of Justice, which resolves the issues raised by the Spanish Court, especially reminds that sport may constitute an economic activity for the purposes of EU competition law. In this regard, the Court of Justice considers that the organization of club football competitions and the exploitation of broadcasting rights by UEFA and FIFA have this status, from a position of dominance or even "monopoly". In this context, it declares that competition law is applicable to the rules of these associations regarding prior authorisation of other competitions, such as the Super League. Once this conclusion has been established, the CJEU assessed different aspects of these rules and concluded that they would only comply with competition law if they adhere to criteria of transparency, objectivity, non-discrimination, and proportionality. Otherwise, it should be considered that there is an abuse of a dominant position. Likewise, if the mentioned requirements were not met, this would also imply a breach of the freedom to provide services. In any case, the CJEU reminds that the verification of these requirements and the decision on the case corresponds to the Spanish court. #internationallaw #EUcompetitionlaw #internationalnetwork