Stosowanie prawa konkurencji do sportu przez krajowe organy ochrony konkurencji na przykładzie aktualnej działalności Prezesa UOKiK
Application of competition law to sport by national competition authorities on the example of the current activities of the President of the Office of Competition and Consumer Protection

Summary/Abstract: Since the entry into force of Regulation 1/20031, the application of the Treaty competition rules in the internal market has been decentralized. National competition authorities should take over some of the responsibilities related to the enforcement of the antitrust provisions of the Treaty on the Functioning of the European Union to ensure their effectiveness at national level. As evidenced by the AT.40208 International Skating Union case conducted by the European Commission, the activities of national authorities in relation to sport may be a testing ground for assessing certain practices of international sports federations and national sports associations in terms of compliance with EU law. For this reason, actions taken against one national sports association by a national competition authority may be of interest to other such authorities in other EU Member States and to the Commission and contribute to the establishment of an EU-wide standard for the application of Art. 101 and art. 102 TFEU to sport. In this context, the current activities of the President of the Office of Competition and Consumer Protection (hereinafter: UOKiK) may become a model or reference point for future directions of development of this area of application of competition law throughout the EU. This article presents an analysis of the current activities of the Office of Competition and Consumer Protection in the scope of applying competition law to the basketball league and related legal problems, also in a comparative international context.

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