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The 2nd U.S. Circuit Court of Appeals in
Manhattan said Relevent Sports LLC, a sports promoter controlled
by billionaire Miami Dolphins American football team owner
Stephen Ross, plausibly alleged that the October 2018 ban
unlawfully restricted competition.
"Adoption of the policy, combined with the member leagues' prior
agreement, by joining FIFA, to adhere to its policies,
constitutes an agreement on the part of all--whether they voted
in favor of the policy or not--to adhere to the announced
restriction on competition," Circuit Judge Raymond Lohier wrote.
The 3-0 decision raises the prospect that U.S. stadiums could
eventually host regular season matches between foreign teams,
which could compete for fans and sponsors now supporting
FIFA-affiliated Major League Soccer.
Some European and South American teams play "friendly" matches
in the United States, but not regular season matches.
FIFA, soccer's world governing body with 211 member
associations, announced its foreign match policy after Relevent
arranged with Spain's La Liga to host a regular season match
between FC Barcelona and Girona FC in Miami.
Barcelona eventually withdrew, and Relevent sued after U.S.
Soccer refused to sanction a May 2019 match in Miami between two
Ecuadorean teams.
Relevent, based in New York, also operates the International
Champions Cup.
In July 2021, U.S. District Judge Valerie Caproni found no proof
of an illegal conspiracy to ban foreign matches.
She also said U.S. Soccer had good reasons to honor the ban,
including the risk FIFA might exclude U.S. men from the World
Cup.
Tuesday's decision overturned that ruling, and returned the case
to Caproni.
FIFA said it will review the decision. U.S. Soccer and its
lawyers did not immediately respond to requests for comment.
In an email, Relevent's lawyer Jeffrey Kessler said the company
looked forward to pursuing its claims "to vindicate the ability
of U.S. soccer fans to enjoy live play of some of the best
soccer teams in the world."
The case is Relevent Sports LLC v U.S. Soccer Federation Inc et
al, 2nd U.S. Circuit Court of Appeals, No. 21-2088.
(Reporting by Jonathan Stempel in New York; Additional reporting
by Mike Scarcella; Editing by Daniel Wallis)
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