The European super league: kicking back the UEFA: can the UEFA threaten to exclude football clubs and players from joining championships such as the champions league?: a legal analysis of the ruling of 21

Abstract

This Thesis contains a legal analysis of the judgment of the 23rd of December 2023 on the Super League. It will specifically discuss the role of the UEFA over the years and how it has grown into the dominant position it has today. The European Super League is a good example of how nowadays sports is more based on commercialization than merits. How do we deal with this commercialization and is it even desirable? This Thesis finds that sports are subjected to competition law, also binding sports governing bodies. This follows from article 165 of the Treaty on the Functioning of the European Union. The judgment finds that the UEFA has misused their dominant position, regarding the prior authorization and banning players from joining the national team, basing their claim on article 101 and 102 of the TFEU. However, this does not mean that every externally created competition will be allowed. This is because of older jurisprudence Meca-Medina. MecaMedina allows restrictions on competition if they are inherent in pursuing legitimate objectives and proportionate to those objectives. The proportionality test will be crucial for the future.