(R)ewolucja stosowania prawa konkurencji UE do sportu w najnowszym orzecznictwie Trybunału Sprawiedliwości Unii Europejskiej
(R)evolution of the application of EU competition law to sport in the recent case law of the Court of Justice of the European Union

Summary/Abstract: The Court of Justice of the European Union delivered three judgments on 21/12/2023 modify-ing the functioning of the European model of sport. In the judgments of: the European SuperLeague (C-333/21), the Royal Antwerp Football Club (C-680/21), and the International SkatingUnion (C-124/21 P), EU’s most important judicial institution undertook a comprehensive and orderlyinterpretation of Articles 101, 102 and 106 of the TFEU, applying these provisions to the activitiesof sports federations in relation to the organization of professional sports competitions in Europe.The purpose of this text is to analyze the most relevant elements concerning the modification ofthe rules on the application of EU competition law to sport, as interpreted from the Court’s previouscase law, and the concepts formulated in literature. In particular, the text discusses the impact ofthe three commented judgments on: (1) the impact of the specificity of sport and Article 165 TFEUon the application of EU competition law, (2) the structural conflict of interests of sports federationsrelated to the combination of their regulatory and commercial competences, (3) the strengtheningof good governance principles within sports federations through the application of EU competitionlaw, (4) the possibility of justifying the actions of sports federations by the criteria of the Wouterstest, and the rationale of Article 101(3) TFEU, and (5) the position of the Court of Arbitration forSport and the examination of the compatibility of its rulings with EU competition law.

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