The long-awaited Super League trial begins on Thursday at Commercial Court number 17 in Madrid. On the one hand the promoters of the competition, on the other UEFA and FIFA who must defend themselves from the accusation of abuse of a dominant position based on the 2021 rules. UEFA in the meantime has updated its authorization rules in 2022 and, although it is not No judgment has been made on the matter, European football’s governing body insists they are “robust” and compliant with EU law.
What has happened so far
On 20 April 2021, the Madrid court accepted the request of A22 Sports Management SL and European Super League Company SL – promoters of the Super League – and adopted the precautionary measures requested to prevent UEFA, FIFA and the national federations from adopting measures disciplinary measures against affiliated clubs during the proceedings. The appeal was aimed at having a declaration that UEFA and FIFA have abused their dominant position in violation of Article 102 of the TFEU (Treaty on the Functioning of the European Union), granting themselves the discretionary power to prohibit participation in alternative competitions, despite the existence of a conflict of interest, and forcing the clubs and, possibly, the Super League to cede the rights to exploit the competitions in which they participate. Furthermore, according to the promoters, UEFA and FIFA hinder free competition on the market by imposing unjustified and disproportionate restrictions on the Super League in violation of Article 101 TFEU and they ask to put an end to the anti-competitive behavior described and to prohibit its future recurrence.
Also listen to La Liga and Spanish Football Federation
The Madrid court also admitted La Liga and the Spanish Football Federation to trial on the basis that their legitimate interest in the proceedings was justified. A report prepared by La Liga on the economic damage that the Super League would cause in domestic leagues indicates that Spanish clubs other than Real Madrid and Barcelona would lose up to 55% of their revenue if the project were to materialise. Furthermore, the Spanish employers’ association denounces that the Superliga is trying to deceive everyone by saying that it is an open competition: in reality, for them, it is a closed model. Its implementation would cause national leagues to lose at least 69% of their audiovisual revenues and destroy the entire ecosystem that directly employs 68,000 footballers, more than 3,000 coaches and 75,000 club workers.
The indications of the European Court of Justice
After receiving the application, the Madrid court turned to the Court of Justice of the European Union (CJEU) to determine whether there was an abuse of a dominant position by UEFA and FIFA under the TFEU. The CJEU’s Advocate General, Greek Athanasios Rantos, concluded on 15 December 2022, in a non-binding report, that FIFA and UEFA did not abuse their dominant position by blocking the creation of an alternative tournament under the threat of sanctions .
A year later, however, on 21 December 2023, the Grand Chamber of the European Court of Justice clarified that the UEFA and FIFA rules constitute an abuse of a dominant position “if they are not subject to substantive criteria and procedural rules to ensure that they are transparent, objective, non-discriminatory and proportionate”, in accordance with Articles 101, 102 and 56 TFEU. In order to respect these precepts, according to the judge, it is necessary that they have been made known in an accessible way, before any application of these rules. Rules which, in order not to be discriminatory, must not be impossible to comply with and must not subject the organization and marketing to requirements other than those applicable to competitions organized by UEFA. Furthermore, any sanctions must respect the principle of proportionality.
Who is the Super League made up of?
The European Super League Company SL (ESL), a private company based in Spain, was established on the initiative of the clubs Atletico Madrid, Barcelona, Real Madrid, Milan, Inter, Juventus, Arsenal, Chelsea, Liverpool, Manchester City, Manchester United and Tottenham and A22 Sports Management, a private company domiciled in Spain. She is assisted by the firm Clifford Chance SLP, with the Belgian lawyer Jean Louis Dupont, the architect of the Bosman ruling.
A revised format from 20 to 64 participants
On 18 April 2021, the ESL announced the creation of a new competition (Super League) starting from the 2021-2022 season, in consideration of the instability of the economic model of European football due to the pandemic. The format included up to 20 participating teams: the founders, 3 other guest clubs – including PSG – and 5 other teams that would qualify annually based on their performances. The funds were made available in a letter in which JP Morgan AG committed to granting ESL, through a bridge loan, a maximum amount of almost 4 billion euros.
On 21 December, the Superliga was revised and presented as a free and open competition, with 64 participants divided into 3 groups, a promotion and relegation system, and also with a women’s tournament, with 32 teams, which did not exist at the beginning .
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– 2024-03-15 13:31:54
