Addressing the unfettered authority of sport governing bodies through EU competition law: the effect of International Skating Union and European Super League
Ilias Bantekas, Pedro José Mercado JaénAbstract
The unfettered authority of sports governing bodies (SGBs) has given rise to a distinct number of human rights claims, but it has also led to the distortion of the free movement of persons and competition law in the European Union. In the International Skating Union and European Super League Company, the Court of Justice of the European Union (CJEU) emphasized that while SBGs have a right to achieve legitimate sporting aims, such as integrity and sporting fairness, this cannot be done at the expense of competition rules. The CJEU highlighted that SGBs are not allowed to prevent their member associations from organizing and operating competitive leagues and events, nor can they inflict sanctions on them for attempting to do so. These judgments will revolutionize the transnational sports law landscape and reshape SGB institutional rules and their relationships with their members.