LET THE EUROPEAN UNION DETERMINE THE EUROPEAN FOOTBALL MARKET : AN ANALYSIS OF THE EUROPEAN COURT OF JUSTICE (ECJ) RULING IN THE 2023 EUROPEAN SUPER LEAGUE CASE

Abstract

The emergence of the Union of European Football Associations (UEFA) is regarded as one of the most successful developments under the traditional hierarchical governance structure of European football. The inherent characteristics of this governance are closely tied to the economic and social activities of European football. However, such governance raises critical questions about the exercise of UEFA's authority in managing European football governance at the regional level. Nonetheless, since European Union (EU) law extends its influence across all member states, the EU is required to uphold the doctrine of supremacy. This legal principle establishes that EU law takes precedence over UEFA's authority in European football governance and also over the jurisdiction of national football associations. This article addresses conflicting issues arising between the specificity of UEFA’s autonomous European football governance and the EU’s regulatory authority, including the supremacy of EU law. It also highlights the original nature of EU law through an analysis of the European Court of Justice's most recent ruling. This ruling asserts the EU’s obligation to protect the right to compete under EU competition law. Furthermore, the article discusses the advantages and disadvantages of the principles established in the ruling, as well as tensions arising from the judgment aimed at preserving competition in the European single market by regulating anti-competitive behaviors by European football governing bodies.