EU countries sing UEFA's praises in rebuff to Super League
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[July 12, 2022] By
Foo Yun Chee
LUXEMBOURG (Reuters) - From Spain to Ireland to Italy, European
countries gave full-throated support to UEFA over the rebel European
Super League at Europe's top court, lauding its open model and
social and educational importance.
The comments from the countries at a two-day hearing at the Court of
Justice of the European Union (CJEU), underline the high stakes
involved for UEFA and other sports bodies with monopoly power and
lucrative media rights and seeking to head off challengers.
The countries' endorsement of UEFA, in effect a call to preserve the
status quo, suggests the Court would need to take into account the
social and economic aspects of the case and not just the legal and
antitrust arguments.
UEFA found itself in the docks after the Super League accused it of
abusing its power to block rival events and penalise players and
clubs.
The Super League collapsed last year barely two days after its
announcement as elite English, French and Italian clubs pulled out
following an outcry from fans and governments, leaving just Real
Madrid, Barcelona and Juventus.
Hungary said UEFA represents the values of the European Sports Model
on protecting the physical and moral integrity of players and
merit-based competition.
"These are values which UEFA and FIFA follow, both in the
organisation of sports and the reallocation of revenues," Hungary's
lawyer Ester Gyarmati told the 15-judge panel on the second day of
the hearing.
UEFA's restrictions clearly infringe EU competition law but are
justified to safeguard the European Sports Model, Austria's lawyer
Franz Koppensteiner said.
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Malta's lawyer took a pop at the Super League.
"The Super League only took into account the narrow interests of its
clubs, it ignores the open nature of competition based on merits,"
its lawyer Andria Buhagiar said.
Romania's lawyer said the case was an existentialist one.
"This cartel cannot co-exist with the organisation of UEFA and FIFA
without leading to the certain death of open competition," its
lawyer Emilia Gane said.
The European Commission, which acts as the competition enforcer in
the 27-country bloc, took a more nuanced stand, saying there should
be checks and balances on monopoly power.
"The exercise of regulatory functions must be subject to limits,
obligations and control to prevent such bodies from distorting
competition," its lawyer Carlos Urraca Caviedes.
He said the European Sports Model was one way to run a sport but
alternative governing bodies could be another.
Urraca Caviedes, however, criticised UEFA and FIFA's sanctions
against players.
"It does not seem sanctions excluding players from participating in
UEFA, FIFA are necessary or proportionate to protect those
principles," he said.
The Court will issue its ruling next year. The case is C333/21
European Superleague Company.
(Reporting by Foo Yun Chee; Editing by Christian Radnedge)
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