Strategic Lawyering Soccer and EU competition law: The “Super-League” judgment
Sport has always played a key role in international relations. Article 165 of the Treaty on the Functioning of the European Union (TFEU) specifies that the European Union contributes to developing the European dimension in sport. However, the Court of Justice of the European Union (CJEU) has recalled in the past that sport must not hinder the application of the competition rules set forth in Article 101 (cartels and other agreements that disrupt free competition) and Article 102 (abuse of dominant position) of the TFEU.
The three judgments issued by the CJEU on December 21, 2023 have generated as much discussion as the “Bosman” judgment in 1995 which prohibited the imposition of quotas on foreign players in European soccer.
This article discusses the most notable of the three judgments, i.e., the so-called “Super League” judgment.