Can EU competition law save sports governance?

Abstract

The three December rulings of the Court of Justice of the European Union—European Superleague, International Skating Union, and Royal Antwerp—are important milestones in the development of EU sports law and policy. This article focuses on what is perhaps their most striking feature: the prominent place accorded to competition law. The judgments make several important changes and clarifications to how EU competition rules apply in the sporting context. This paper argues that the new legal framework paves the way for a more active use of competition law in sports cases. Although this is likely to have some positive effects on the quality of sports governance, it also carries the risk of exposing the field to an ill-fitting set of rules which follow a predominantly economic and de-regulatory rationale. Ultimately, even enhanced competition law will not be able to solve the manifold problems marring the world of sports—and is a poor substitute for sports regulation through legislative means.