CNMC investigates UEFA for alleged restriction of competition following Super League complaint

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CNMC Investigates UEFA for Possible Restrictions in Football Competitions

The National Commission on Markets and Competition (CNMC) has initiated an investigation against UEFA, suspecting possible practices that could infringe the Competition Defense Law and the Treaty on the Functioning of the European Union. The investigation focuses on possible restrictions on competition in the organization of European football competitions.

According to an official statement, the CNMC is examining an agreement between UEFA and nine football clubs. This agreement may have prevented these clubs from organizing or participating in European competitions other than those of UEFA. In addition, measures taken by UEFA to ensure compliance with these restrictions are being investigated.

The origin of this investigation is a complaint filed by the company A22, promoter of the European Super League. The CNMC, after analyzing the information gathered, has detected indications of possible violations of articles 1 and 2 of the Competition Defense Law, as well as articles 101 and 102 of the TFEU.

It is important to note that the opening of this case file does not prejudge the final outcome of the investigation. The CNMC has a maximum period of 24 months to resolve this case.

Aleksander Ceferin, presidente de la UEFA.
The UEFA president, Aleksander Ceferin.

The CNMC is an independent public body from the Government, in charge of promoting and protecting the proper functioning of the markets.

CNMC

In April 2021, following the announcement of the creation of the Super League by twelve clubs and the rejection by UEFA, nine of them (Tottenham, Arsenal, Manchester City, Manchester United, Chelsea, Liverpool, Atlético de Madrid, Inter Milan and AC Milan) withdrew from the project and accepted “reintegration measures”.

  • Waive 5% of their UEFA competition revenue in a season.
  • Pay 15 million euros as a donation to the “local communities” of European football.
  • Commit to participating in the UEFA competitions for which they qualify.
  • Pay a fine of 100 million euros if they sought to play in an “unauthorized” competition.
The CNMC, with its own autonomy, supervises key sectors such as energy, telecommunications, audiovisual communication, transport, and postal services, as well as promoting competition in all markets.

The Super League case reached the Court of Justice of the European Union (CJEU), which in December 2023 determined that UEFA and FIFA abused their “dominant position” in the authorization of competitions. The Court did not rule on the specific Super League project.

In May 2024, a Madrid court partially upheld the lawsuit of the European Super League Company S. L. (ESLC) against UEFA and FIFA, declaring that both organizations abused their dominant position. However, since the initial Super League project was no longer underway, the judge concluded that the related claims should be dismissed.

In December 2023, A22 Sports Management proposed to UEFA and FIFA the official recognition of its new competition, called ‘Liga Unify’.

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