A landmark case concerning the application of EU competition law to the governance and organisation of professional football.
Overview
On 18 April 2021, twelve major football clubs announced plans to establish a breakaway competition known as the European Super League.
Legal proceedings followed before the Madrid Commercial Court, including challenges based on EU competition law concerning the role of UEFA and FIFA in the organisation and authorisation of football competitions.
Benoît Keane represented UEFA in the proceedings before the Court of Justice of the European Union and worked closely with co-counsel in Spain on the competition law aspects of the case.
In this respect, he drew from his experience as counsel to the International Skating Union in its landmark case before the European Commission which involved similar antitrust issues relating to sports governance over independent organisers [Case AT.40208 ISU Eligibility Rules].
Benoît’s Role
- UEFA competition counsel
- Specialist EU competition law advice
- Contribution to Grand Chamber pleadings
The Challenge
The proceedings raised fundamental questions concerning the relationship between sports governance and EU competition law.
At the heart of the case was the legal framework governing the authorisation of new competitions and the compatibility of sports governing bodies’ regulatory powers with EU law.
The case required a detailed analysis of how competition law applies to sports organisations that both regulate their sport and may have commercial interests connected to the organisation of competitions.
The Approach
Benoît acted as UEFA competition counsel in the proceedings before the Court of Justice of the European Union.
His role involved contributing specialist expertise in EU competition law to the defence of UEFA’s regulatory framework and working with the wider legal team on the strategic and substantive aspects of the case.
This included contributing to the preparation of pleadings and representing UEFA at the hearing before the Court.
The Significance
The case became one of the most significant recent legal disputes concerning the application of EU law to the governance of sport.
It examined the extent to which sports governing bodies can establish and enforce rules concerning the authorisation of competitions while remaining subject to EU legal principles.
The judgment has become an important reference point in the continuing discussion around the relationship between sports governance, competition law and the European internal market.
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