The Superleague equalized the score – Newspaper Kommersant No. 19 (7464) dated 02.02.2023
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The Superleague, a project to create a competitor to the Champions League that failed at the very start, has received a solid reason for optimism. The Madrid court ruled that both opponents of the Super League, which currently includes only Real Madrid, Barcelona and Juventus, the Union of European Football Associations (UEFA) and the International Football Federation (FIFA) cannot apply to split teams any sanctions. The court concluded that all the actions of UEFA and FIFA bear signs of abuse of dominance and in fact limit the access to the market of other players. In itself, the decision of the Madrid court does not put an end to the dispute between the Superleague and the leading football structures. The dispute has been submitted to the European Court of Justice, the verdict of which is expected during 2023.
Established as the parent company of a failed Super League project, A22 has had notable success in its confrontation with UEFA and FIFA. The court of Madrid, where A22 applied for the protection of its interests, ruled that neither UEFA nor FIFA can sanction Super League supporters. The scandalous Superleague project started in the spring of 2021. Then 12 European top clubs – English Liverpool, Manchester United, Manchester City, Arsenal, Chelsea and Tottenham, Spanish Atlético Madrid, Real Madrid and Barcelona, Italian Inter » Juventus and Milan announced about the creation uncontrolled UEFA tournament. True, it lasted a little more than a day and actually fell apart. after the release of it all the English teams that failed to cope with the pressure. Following surrendered Atlético, Inter and Milan. All clubs that abandoned the project, were forced to make a bad deal with UEFA. It provided for a one-time payment of €15 million by them as a “goodwill gesture”. In addition, the clubs agreed to withhold from them 5% of the prize money earned for the 2022/23 season. UEFA also warned them about the threat of a fine. If the clubs do not fulfill any of the obligations taken, it will amount to €50 million, if they again try to initiate a “splitting” project – €100 million. From the Super League project didn’t give up Real Madrid, Juventus and Barcelona, and it is they who are suing UEFA and FIFA.
The Madrid Court is almost entirely agreed with the argumentation of the Superleague, whose lawyers accused UEFA/FIFA of monopoly. It should be noted that the regulations governing football structures do not contain direct prohibitions on the creation of alternative tournaments by clubs participating in competitions sanctioned by them. But, as the court decided, the argument of UEFA/FIFA lawyers that formally anyone can create a meaningful football tournament is “naive”.
The judgment notes that, given the defendant’s dominant position in the football tournament market, he has the possibility of “intimidation”.
For example, by publishing statements about possible sanctions against participants in objectionable projects. As well as threats to excommunicate companies that support alternative projects from cooperation. All this, as noted by the court, led to the trial. Indeed, the lawsuit filed by A22 alleges that UEFA, using its dominant position, intimidates potential commercial partners of alternative projects. The court also noted that UEFA/FIFA’s allegation that their actions could be justified by defending Europe’s current sports market model is “far-fetched”.
In a different situation, the decision of the Madrid court could be considered a major victory for the Superleague. In fact, this success is at best intermediate. At the moment, the consideration of the dispute UEFA / FIFA is in production European Court. It is his verdict – and it is expected before the end of this spring – that should put an end to the confrontation. So far, there has been no good news from the European Court of Justice for the Super League. In mid-December 2022, the Senior Legal Adviser of the European Court, Athanasios Rantos, published his vision of the case (the opinion of the Senior Legal Adviser is recommendatory, but, according to practice, often coincides with the final decision of the court).
In fact, he sided with UEFA and FIFA. He said in a statement that “the Super League can host independent football competitions outside of the UEFA and FIFA ecosystem.” However, the specialist believes that the clubs participating in the Super League cannot “continue to participate in tournaments organized by FIFA and UEFA without the prior permission of these organizations.” Mr Rantos acknowledged that such a position is contrary to the requirements of EU antitrust law, but believes that “given the legitimate purposes related to the nature of sport, such restrictions are permissible.”
At the same time, apparently, the Madrid court rejected the thesis that deviations from the antimonopoly law can be justified by the circumstances. Judges of the European Court are likely to find it difficult to ignore the verdict of their Spanish colleagues.
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