Anmerkungen:
Nach Informationen von SSRN wurde die ursprüngliche Fassung des Dokuments January 2, 2023 erstellt
Beschreibung:
Sporting associations that act as regulators and are also active in organizing sporting events are well-established in many sports. However, given that there is a risk that they might exploit their regulatory power to foreclose organizers of rival events, the question arises as to how far EU competition law affects the double role of sporting associations. The Opinions of Advocate General Rantos indicate that the institutional design by which sporting associations are regulators and market actors is not in itself anticompetitive and restrictive effects of their regulatory activity must be demonstrated. This paper evaluates the Opinions and suggests an alternative approach to some of the issues raised by the cases. It claims that the ‘constitutional’ status afforded to sports used in the Opinions does little to affect the analysis, and an alternative framework for safeguarding the balance between competition and sporting objectives is proposed