Soccer And EU Competition Law: The "Super-League" Judgment

• Published date: 22 February 2024
• Law Firm: Soulier Avocats
• Author: Safi Mbarki

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 TFEU¹.

The three judgments issued by the CJEU on December 21, 2023 have generated as much discussion as the "Bosman" judgment in 1995² 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" judgment³.

The Fédération Internationale de Football Association (FIFA) and the Union of European Football Associations (UEFA) have each a set of rules making the creation of international competitions conditional on a prior approval concerning the clubs affiliated to a national federation.

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