End of UEFA's Monopoly on the European Football Market: A Legal and Economic Analysis in Light of Case C-333/21

Abstract

This legal and economic thesis aims to examine the future market situation of the European football market as a result of the European Court of Justice’s decision to declare UEFA (Union of European Football Associations) abusing its dominant position in the market. European football has solely been governed and organized by UEFA since its establishment in 1955. This situation has consequently resulted in UEFA holding a monopoly that grants the authority to reject potential new entrants to the European football market. The organisation, European Super League Company, which previously attempted to penetrate the European football market through its new football competition, European Super League, has brought the case before the European Court of Justice. The outcome of the court declaring UEFA’s conduct incompatible with the rules and regulations of European competition is therefore leading to a potentially significant shift of the structuring in European football. The above situation is examined through a legal perspective, where the specific considerations of the European Court of Justice are emphasized in relation to the interpretation of articles 101 and 102 of the TFEU. It is furthermore relevant to investigate the situation of European Super League Company entering the market from an economic point of view. Initially, there will be a potential transition from a monopoly market to a duopoly market, which will lead to the participating parties competing on a variety of different parameters. Lastly, this analysis will examine how the verdict will contribute to a more efficient market in the future of European football. One could argue that the European competition rules are set to establish a more competitive market, and therefore a more efficient market, but it must be taken into account that the verdict may not be the most efficient solution - given the current football structure circumstances - to create the biggest possible level of welfare for the involved parties.