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New Players on The Field: Analyzing the Impact of Emerging Sports League on established competition law norms and the governance responses from International Sports Federations
Date Issued
2024
Author(s)
Sylla, Serigne Momar Ndoumbe
Abstract
This thesis embarks on a comprehensive examination of the intricate and evolving relationship between emerging sports leagues and established legal norms, focusing on the governance responses from international sports federations. The increasingly commercial nature of sports and the rise of private initiatives like the European Super League pose significant legal and regulatory challenges that have far-reaching implications for the global sports landscape. The research begins by contextualizing the emergence of new sports leagues within the broader framework of globalization and commercialization in sports. The last few decades have seen sports transcend beyond mere entertainment to become a multi-billion-dollar industry, with complex financial structures, global audiences, and significant media rights at stake. This shift has necessitated a reevaluation of existing legal frameworks, particularly those governing competition, contracts, and the role of sports federations. At the heart of our thesis is the European Super League, a highly controversial project announced in 2021 by some of Europe's top football clubs. The ESL was intended to be a breakaway competition, challenging the established order of football governance dominated by organizations like FIFA and UEFA. The announcement was met with immediate backlash from fans, players, governments, and the governing bodies of football. FIFA and UEFA threatened severe sanctions against the participating clubs and players, including bans from national leagues and international competitions like the World Cup and the Champions League. This thesis critically analyzes the legal basis for these threats, examining whether the actions of football authorities could be considered an abuse of dominant position under Articles 101 and 102 of the Treaty on the Functioning of the European Union (TFEU). Article 102, in particular, prohibits any abuse by one or more undertakings of a dominant position within the internal market that may affect trade between Member States. The research scrutinizes whether the governing bodies' attempt to prevent the formation of the European Super League constitutes such an abuse, potentially violating EU competition law.