European justice seized, the mutineers do not disarm



Florentino Perez, president of Real Madrid and leader of the rebellion. – Claude Paris / AP / Sipa

Tired of the Super League? Well, too bad … Because the show is not about to stop. European justice, seized by a Spanish court, will determine whether UEFA and Fifa abuse a dominant position by opposing the Super League project still defending three major European clubs: Real Madrid, FC Barcelona and Juventus Turin. This judgment launches the legal battle between the members of this almost closed competition, led by Real President Florentino Perez, UEFA and Fifa who have successfully opposed the project so far.

According to this judgment, this Madrid court referred a preliminary question to the Court of Justice of the European Union (CJEU) to find out whether the authorities violated Articles 101 and 102 of the Treaty on the Functioning of the European Union (TFEU) , which prohibit monopolies.

Real, Barça and Juve do not let go

Twelve clubs had shaken European football by announcing in April this project of closed competition. Faced with the indignation of supporters but also many players and officials, nine had quickly given up but not Real Madrid, FC Barcelona and Juventus Turin.

In this judgment, the judge Manuel Ruiz de Lara asks the European justice if these articles prohibit to require “a preliminary authorization […] for a third entity to launch a new pan-European club competition like the Super League ”, or even if they forbid these bodies to sanction the participants in this aborted project.

UEFA has negotiated a sanction with the nine clubs who have withdrawn and opened a disciplinary investigation for the three remaining who risk suspension from competitions.

As a precautionary measure, this same magistrate had already prohibited UEFA on April 20 from ordering sanctions against clubs wishing to participate in the European Super League, and from taking any measure that could prevent the preparation and creation of the latter.

The “consumer choice”

In the document submitted to the CJEU, the judge recalls that article 101 of the TFEU prohibits practices “the object or effect of which is to prevent, curb or falsify the game of competition within a market”, although there are exceptions.

The judge also asks if the threats of sanctions brandished by Fifa and UEFA against members of the Super League could “come within the framework” of these exceptions. The judge noted, however, that opposition to this closed championship hinders “potential market competition” and limits “consumer choice”.



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