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Abstract(s)
The organisational market for cross-border football competitions is dominated by UEFA as a sole commercial operator. Because UEFA also occupies a regulatory monopoly on all European football matters enabling it to control the access to the organisational market via prior authorisation system, UEFA is in a conflict of interest situation. With reference to the Court of Justice decision in the European Super League (ESL) case, this article addresses the legality of the prior authorisation system ran by UEFA. In particular, the article makes a difference between the Court’s emphasis on the lack of formal procedural framework within which UEFA’s decision on prior authorisation of ESL took place, and the substance of UEFA’s decision had it been adopted within proper procedural framework. The article will also address the issues of both the new UEFA Authorisation Rules Governing International Club Competitions and a new proposed format for the ESL competition under the guidelines issued by the Court.