Competition law is increasingly shaping the regulation of sport. Recent jurisprudence has revealed this in two ways. First, sporting regulations – the rules set by sports governing bodies – have been found unlawfully to restrict competition by object. Second, the implementation of such rules by sports governing bodies has been held to constitute the abuse of a dominant position. The seminal case of European Superleague v. UEFA materially developed the law in this respect: it clarified that regulatory provisions which may affect the parameters of economic competition must be situated within a substantively and procedurally sound framework if they are successfully to withstand a competition law challenge. Nevertheless, as revealed by other recent case law, sporting regulations remain subject to potential attack on more traditional competition law grounds. This article draws out various points of principle from this recent jurisprudence and considers how the trend toward further litigation may continue to influence regulatory developments in sport for years to come.
Haris Ismail (Sat,) studied this question.