ISU and Superleague judgments: sports governance in the market-driven era

Abstract

Sport is becoming more and more attractive for private entities that desire to launch and exploit their own competitions outside the calendar (and control) of international federations. Today, breakaway leagues appear in different disciplines with increasing frequency. This poses a problem for sports governing bodies (SGBs) as they see in the newcomers a threat to the sporting values, purely mercantile intentions, and freeriding. Acting as regulators – and gatekeepers – of their respective disciplines, SGBs tend to hinder the entrance of third-party organisers. And, by doing it, they often fall under competition law scrutiny. The judgments in the ISU and Superleague cases in December 2023 became the legal apex of the confrontation between SGBs and breakaway leagues. The Court opted for an efficiency-oriented, economic approach. But will SGBs sustain the challenge of the new, market-driven principles of sports governance?