Breakaway leagues in football : is the actual formation of a European Super League compatible with EU competition law?

Abstract

This dissertation examines whether the concept of the European Super League would be compatible with EU competition law as it stands, while simultaneously attempting to explicate FIFA and UEFA’s supposed restrictive actions in their crusade to prohibit such a breakaway competition. Consequently, this research paper will delve into the genesis and untimely demise of the European Super League and the relevant legal questions it induced. Therefore, this body of work will also address the complexities involved in striking a fair balance between EU competition law principles on the one hand and sporting values on the other, through a concise depiction of the immeasurable autonomy afforded to sports governing bodies such as FIFA and UEFA as a result of the current system in place, whilst clarifying how the relevant jurisprudence of the Court of Justice of the European Union has also resulted in a tangible weakening of this autocracy. This is crucial, given the inextricable connection to the European Super League, and even though this body of work insists on the illegitimacy of such a breakaway league due to a possible infringement of Article 101 of the Treaty on the Functioning of the European Union, it has nevertheless still brought certain flaws of the current sporting framework to the forefront as a result of the potential restrictive behaviour by sport governing bodies such as FIFA and UEFA. Therefore, while this dissertation opines that the concept of such a closed competition ever coming to fruition is highly improbable, it has still posed critical questions pertaining to an ideal football governance structure.