European Model of Sport: Alternative Structures

Pijetlovic, Katarina (2017) European Model of Sport: Alternative Structures. In: Handbook on EU Sports Law. Edward Elgar. ISBN 9781784719494 (Accepted for Publication)

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Abstract

This chapter first sets the applicable EU competition law framework and then carries out analysis of a recent wave of cases involving attempts to establish alternative sporting competitions. Cases analysed include, inter alia, ISU, Euroleague Basketball v. FIBA and FIBA Europe, FIBA v Euroleague Commercial Assets, Global Champions League, Show Jumping Ireland, SBF v. KKV, and IBFF. They illustrate the kind of assessment of restrictions on alternative organisers that will be carried out by the enforcers of EU competition law at both European and national level. The chapter argues that even though EU law refuses to be prescriptive as regards a structural model for European sports, it would be wrong to think that it cannot and will not force changes in those models indirectly via other routes. It is submitted that there is no legally justified reason for the governing bodies to insist on being a single undertaking in a market for the organisational services or on being the owner of the commercial rights in all of the sporting events under their regulatory competence. On the other hand, vertical pyramid structure of regulatory authority has a good chance of survival under the EU competition law, provided that the principle proportionality is respected. The chapter ends with a conclusion that the new wave of cases is bound to result in re-characterising of the business in the sports industry as it becomes more attractive for potential investors and opens more commercial opportunities for other stakeholders within the sports industry.

Item Type: Book Section
Keywords: European Model of Sport, Alternative Leagues, Alternative Competitions, EU Competition Law, EU Sports Law, ISU case, Meca-Medina
Faculty / Department: Faculty of Arts & Humanities > School of Law
Depositing User: Katarina Pijetlovic
Date Deposited: 02 Jan 2018 13:25
Last Modified: 02 Jan 2018 13:25
URI: http://hira.hope.ac.uk/id/eprint/2227

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