FIFA & UEFA broke the law by blocking European Super League in 2021: European Court of Justice

Real Madrid president Florentino Perez was behind the making of the European Super League

FIFA and UEFA are accused of abusing their dominant power, according to the European Court of Justice.

The European Court of Justice’s Grand Chamber confirmed that UEFA and FIFA have violated competition law by obstructing the establishment of the European Super League in 2021 and thereafter attempting to penalise the participating teams.

The Advocate General’s non-binding ruling in the matter from last December that the regulations enabling UEFA to receive advance approval for new competitions were compliant with EU law.

The “closed” format of the initial 2021 Super League proposal, which called for the exclusion of 15 founding teams from relegation, drew criticism.

A22, a business established to help create that tournament, has recently amended its schedule for a multi-division contest with 60 to 80 teams that it believes will be accessible to everyone.

The corporation is hoping that the ruling will compel sports federations such as UEFA to evaluate new competitors using non-discriminatory standards, thereby providing A22 with an opportunity to retry.

By preventing the Super League from forming in 2021, UEFA and FIFA violated competition law, according to a ruling by the European Court of Justice.

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“ensure that none of its member clubs participate in any competition that is not organised or recognised by UEFA or FIFA”.

Summary of the ruling by The European Union Court Of Justice:

“UEFA does not have exclusive control over football, a club competition can be organized, and the Super League cannot be discriminated against in any way. Clubs can decide their future.”

It adds that “where an undertaking in a dominant position has the power to determine the conditions in which potentially competing undertakings may access the market, that power must, given the risk of conflict of interest to which it gives rise, be subject to criteria which are suitable for ensuring that they are transparent, objective, non discriminatory and proportionate.

“However, the powers of FIFA and UEFA are not subject to any criteria. FIFA and UEFA are, therefore, abusing a dominant position.

“Moreover, given their arbitrary nature, their rules on approval, control and sanctions must be held to be unjustified restrictions on the freedom to provide services.

“That does not mean that a competition such as the Super League project must necessarily be approved. The Court does not rule on that specific project in its judgment.”

Even while the ruling implies that A22 has the right to propose a new competition to UEFA that can run under UEFA’s auspices and that UEFA should give that competition full and fair consideration, there are still a lot of roadblocks in A22’s way.

Most importantly, is any club willing to get part outside of the initial designers, Real Madrid and Barcelona?

500 clubs are part of the European Club Association, which inked a Memorandum of Understanding with UEFA in September. The agreement is valid until July 2030.

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