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Those judgments are expected to have a major impact on the regulatory landscape surrounding professional sports in the EU. Subsequently, this article ends with a few key takeaways. The ISU has set out a set of rules including, inter alia, so-called prior authorisation rules, arbitration rules and eligibility rules. The prior authorisation rules state that the organisation of an international skating competition is subject to prior authorisation by the ISU. Further, the prior authorisation rules set out a series of requirements e. The athletes may appeal such a decision imposing a lifetime ban before the CAS. However, the specific characteristics of sports like the specific characteristics of any sector may be relevant when assessing whether a certain conduct infringes Article TFEU, e. Only certain types of conduct that reveal a sufficient degree of harm to competition, e. In this regard, the CJEU stresses the concept of equality of opportunity and concerns about undistorted competition due to a conflict of interest. According to the CJEU, a conflict of interest arises when an undertaking exercising a given economic activity has the de jure or de facto power to determine which other undertakings are also authorised to engage in that activity and the conditions of their market access para It is important to point out that, unlike the precedents cited by the CJEU e. The CJEU then follows a clear line regarding the assessment of the prior authorisation rules and eligibility rules. While sports governing bodies are in principle allowed to adopt, apply and ensure compliance with rules relating to the organisation of the sporting discipline concerned, this regulatory power enables them to prevent market access of potentially competing undertakings paras , According to the CJEU, there is a need for previously enacted and accessible transparent, clear and precise substantive criteria circumscribing that regulatory power para These criteria must ensure that the regulatory power is exercised without discrimination and that sanctions are objective and proportionate para The CJEU generally expects non-discriminatory rules to subject 3 rd party competitions to similar requirements as apply to 1 st party competitions competitions by the decision-making entity, e. In addition to such substantive criteria, the regulatory power must be subject to transparent and non-discriminatory procedural rules para The CJEU held that the prior authorisation rules and eligibility rules allow the ISU, inter alia, to exclude any even equally efficient competing undertaking from the market for organising skating competitions para At least, the rules restrict the creation and marketing of alternative and new competitions para The rules deprive athletes of the opportunity to participate in alternative or new competitions as well as spectators of the opportunity to attend or watch alternative or new competitions para Therefore, the rules conferring the ISU to authorise, control and set conditions of access to the relevant market and to determine both the degree and conditions of competition para Therefore, the prior authorisation rules and eligibility rules restrict competition by their object. However, not every conduct restricting competition falls within the prohibition laid down in Article 1 TFEU. The CJEU generally acknowledges that individuals, i. However, the judicial review must be able to cover the question of compliance with fundamental provisions of EU public policy, including Articles and TFEU paras , CAS awards therefore have to be subject to judicial review by a court that can refer to the CJEU when fundamental provisions of EU public policy are at stake. Where there is no sufficient judicial review of fundamental provisions of EU public policy, the arbitration mechanism compromises the effectiveness of the provisions in question, i. Articles and TFEU para Several professional football clubs, e. The CJEU recognizes that sport serves several social and educational purposes and has specific characteristics in relation to other sectors paras These specific characteristics may potentially be taken into account when applying Article TFEU paras Articles and TFEU. Starting with Article TFEU, the CJEU firstly generally illustrates the concept of abusing a dominant position and how to categorise conduct in a given case paras First, the CJEU states that conduct may not only be categorised as an abuse where it has the actual or potential effect of restricting competition on the merits by excluding equally efficient competitors from the market, but also where it has the actual or potential effect or even the object of impeding only potentially competing undertakings at an earlier stage, therefore preventing the growth of competition para Hence, the CJEU states that EU competition law not only protects equally efficient competitors but undertakings that may or may not grow into viable competitors in the future if there were equal competitive conditions. Second, the CJEU explicitly states that Article TFEU must be read in conjunction with Article TFEU where a dominant undertaking has the power to determine which other undertakings may access a market or to determine the conditions in which they may access a market paras This aspect may as well be relevant beyond sports, especially for digital platforms that determine the conditions of access to markets i. No framework of sufficient substantive or procedural rules circumscribes those powers according to the referring Madrid Commercial Court para Rules and sanctions that are not placed within a sufficient framework must be held to infringe Article TFEU paras , However, it is important to stress that the CJEU made it up to the referring court, i. According to settled case law, a dominant undertaking may show that conduct that comes within the scope of Article TFEU is justified and therefore finally escapes the prohibition laid down in Article TFEU see e. Generally, there are two ways to justify a conduct. An undertaking may show that 1 the conduct is objectively necessary or 2 the so-called efficiency defence, i. Regarding the former, the CJEU states that conduct aiming at eliminating any and all competition from 3 rd party undertakings cannot be justified by an objective necessity and does not escape the prohibition laid down in Article TFEU para However, such conduct may be justified by the latter, i. The CJEU emphasizes that the four conditions for an efficiency defence 1 the existence of efficiency gains, 2 efficiency gains counteracting the harmful effects, 3 conduct is necessary for achieving the efficiency gains and 4 no elimination of effective competition apply both in the context of Article TFEU as well as in the context of Article 3 TFEU paras Conduct needs to meet these conditions cumulatively. However, it is ultimately up to the referring court, i. Moreover, the rules on sanctions on teams and players prima facie reinforce the anti-competitive object according to the CJEU. Sanctioning teams and players participating in 3 rd party competitions may prevent a competing interclub football competition from calling on market resources, i. Just as the absence of a framework of sufficient substantive criteria and procedural rules infringes Article TFEU if there is a dominant undertaking , it infringes Article 1 TFEU if it constitutes an agreement or decision of an undertaking or association of undertakings. The CJEU generally outlines the conditions for a justification under Article 3 TFEU and made it up to the referring court to examine whether the conduct is justified para However, there are two aspects regarding the second condition and the fourth condition of Article 3 TFEU which are worth having a closer look at. Given the various different categories of users and consumers, this can prove to be extremely difficult for the undertaking. It is therefore quite unlikely that the Madrid Commercial Court will come to conclude that the fourth condition is met in the present case according to my view. The various controlled rights constitute the principal source of income of revenue derived by interclub competitions para This incentivises actual or potential buyers to standardise their market conduct and their offerings, leading to a narrowing of choice and less innovation to the detriment of consumers and television viewers para The CJEU stresses that it is ultimately to the referring court to determine whether the exclusive exploitation of rights is exempted or justified. In this regard, the CJEU emphasizes a few aspects, especially regarding the first, second and fourth conditions. The CJEU stresses that there may be significant efficiency gains by allowing actual or potential buyers, e. More specifically, efficiencies may arise due to reduced transaction costs and uncertainties actual or potential buyers face in opposite to negotiating on a case-by-case basis with different vendors para The buyers e. However, they can access a more attractive product in terms of content and image and face a fierce competition given the large range of programmes and broadcasts para In essence, it seems to me that the CJEU is less concerned about the exclusive exploitation of rights than it is about the prior approval rules and sanctions. While all rules were regarded as restricting competition under Article 1 TFEU and the abuse of a dominant position under Article TFEU, the CJEU seems to be more open about exempting or justifying the exclusive exploitation of rights, of course, given that the conditions are met. First, the CJEU emphasizes that the statutes not only tend to impede the organisation and marketing of interclub football competitions in the European Union for 3 rd parties, but prevent them outright from doing so para Therefore, the statutes constitute an obstacle to the freedom to provide services enshrined in Article 56 TFEU para Second, the CJEU stresses that those measures may, in principle, be justified. Ensuring that interclub football competitions will be organised in observance of rules, principles and values of openness, merit and solidarity constitutes a legitimate object in terms of its very principle para Therefore, the rules at issue in the main proceeding do not appear to be justified according to the CJEU para HGPs are players who have been trained by their club or by another club in the same national association for a minimum of three years between the age of 15 and Out of 8 HGPs, a minimum number of 4 must have been trained by the club in question. Furthermore, at least three of those 8 players must have been affiliated to a Belgian club for at least three seasons before their 21 st birthday. Clubs must list at least 6 players affiliated with a Belgian club before their 23 rd birthday, 2 of which before their 21 st birthday in the match sheets. The Belgian Court of Arbitration found that the claims were partly inadmissible and partly unfounded. Again, the CJEU points out that there are specific characteristics of sports as an economic sector para However, there are a few things worth mentioning here. Hence, the rules limit one of the essential parameters of interclub football competition, i. However, the specific characteristics of football may suggest that it is legitimate for governing bodies like UEFA and URBSFA to regulate the competitive conditions in interclub football competitions, e. As regards the economic and legal context of the HGP rules, the referring court will have to take into account these specific characteristics of football to assess whether the rules have as their object the restriction of competition para Possible efficiency gains might arise due to intensified competition because the HGP rules might encourage football clubs to recruit and train young players para Furthermore, the referring court has to assess whether those efficiencies have a genuinely favourable effect on not only players but also on all clubs, spectators and TV viewers or whether they benefit only certain categories of clubs para Moreover, the referring court will have to evaluate whether there are less restrictive measures like, e. Lastly, the CJEU points out that the proportion of HGP included in the match sheet determines whether the HGP rules eliminate all competition between football clubs in the recruitment of players for their team para The CJEU states that the HGP rules are prima facie likely to place at a disadvantage football players who wish to play football in the territory of a Member State Belgium other than their Member State of origin para Nevertheless, the HGP rules might, in principle, be justified paras The HGP rules are justified provided that they pursue a legitimate object and observe the principle of proportionality. Encouraging the recruitment and training of young professional football players constitutes a legitimate object para However, the HGP rules must be suitable for ensuring the attainment of encouraging the recruitment and training of young players paras In this regard, it should be noted that the CJEU has doubts about the suitability. The CJEU questions whether the HGP rules constitute real and significant incentives for recruitment and training of young players for at least some of the football clubs i. Seven aspects can be taken from the judgments, according to my view. The CJEU acknowledges that there are specific characteristics of sports, which are potentially relevant when applying provisions of EU Law. However, they are nothing more than specific characteristics of any economic sector. However, it is still less complex than assessing its actual or potential effects. It remains to be seen how this will turn out in the light of the three recent judgments. In a substantial way, this may be of particular relevance beyond sports, especially for digital platforms. To make sure you do not miss out on regular updates from the Kluwer Competition Law Blog, please subscribe here. Kluwer Competition Law enables you to make more informed decisions, more quickly from every preferred location. Are you, as a competition lawyer, ready for the future? Learn how Kluwer Competition Law can support you. Interesting article! As a skating enthusiast, I find it fascinating how the EU seems to be taking a more active role in regulating the sport. Your email address will not be published. Save my name, email, and website in this browser for the next time I comment. Skip to content. ISU: restriction of competition by object? ISU: reinforcing an infringement via arbitration rules? Total squad size 25 players Of which 8 affiliated to Belgian club 3 seasons before 23 rd birthday 17 others 3 affiliated to Belgian club 3 seasons before 21 st birthday 5 others Additionally, URBSFA regulation requires Belgian professional football clubs to actually line-up players from these lists. Royal Antwerp: freedom of movement for workers The CJEU states that the HGP rules are prima facie likely to place at a disadvantage football players who wish to play football in the territory of a Member State Belgium other than their Member State of origin para One comment Interesting article! Leave a Reply Cancel reply Your email address will not be published.

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Buying snow online in Ostuni

Founded in by Giuseppe Ostuni, Oluce is the oldest active lighting design company in Italy. Oluce first gained recognition after being represented in well-regarded Domus magazine. Although the s brought intense competition from a rising number of modernist, Italian lighting brands—such as Arredoluce , Arteluce , Azucena , Lamperti, and Stilnovo —Oluce established itself as a formidable postwar design force through a series of now iconic designs. After the premature death of Colombo in , Oluce named their first indoor halogen light Colombo in his honor. Sometime during the early s, the Verderi family gained control of Oluce.

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