En juridisk og økonomisk analyse af UEFA’s Financial Fair Play Regulations effekt på konkurrencen i toppen af europæisk klubfodbold

Rune Ramming Laugesen

Student thesis: Master thesis

Abstract

In 2009, UEFA adopted their Financial Fair Play Regulations (FFP). The adoption of the FFP was motivated by the desire to ensure the long term sustainability of European club football. European club football has been characterized by a growing indebtedness in relation to the turnover that has been generated. With the introduction of the FFP, UEFA wishes to regulate the clubs participating in a club tournament of the UEFA auspices, so that clubs do not have the opportunity to have football-related expenses beyond what the club can generate from football-related revenue. The legal analysis finds that EU law can apply to the regulation in sport activities. Furthermore, it becomes clear how that FFP will regulate the clubs and how the club's actions are likely to be affected by the rule set. Clubs that have been characterized by competing in the market through external capital by the owners or related parties will in the long term be affected to the extent that FFP minimizes the possibility of adding external capital into the club. Clubs are in the short term given some temporal derogation which means that they are able to adapt their football business, to the extent that it has not lived up to the break-even conditions in FFP. Break-even conditions are rooted in a principle that clubs "must live within their means." In the economic analysis, the situation within a defined market for European club football is analyzed according to some defined set of clubs' respective economic and sporting competitiveness. The conclusion of the economic analysis indicates that the market before FFP's adoption has been characterized by a development that has given and still gives a higher concentration of dominant clubs the opportunity to dominate the market economy and thereby also dominate the possibility of obtaining success on the pitch. This leads in principle that fewer and fewer clubs have a chance to be competitive on the pitch in both the short and long term. Finally, it’s analyzed if FFP is incompatible with EU law, where it is argued that the Commission could consider FFP as incompatible with the TEUF Article 101 and 102, but when the Commission this spring, in partnership with UEFA, made a declaration stating that FFP's aim is reason enough to be in conformity with EU law it seems that the FFP will not be found in violation with the EU-law.

EducationsMSc in Commercial Law, (Graduate Programme) Final Thesis
LanguageDanish
Publication date2012
Number of pages95