- FIFA and UEFA Accused of 'Abusing a Dominant Position' as Super League Backers Claim Football is 'Free' and Unveil New Plans
Chelsea fans protest against plans for a European Super League in April 2021. Photograph: David Levene/The Guardian
UEFA Found in Violation of Antitrust Rules, Opening Path for European Super League Revival
In a highly anticipated ruling by the European Court of Justice, UEFA (Union of European Football Associations) and FIFA (Fédération Internationale de Football Association) have been declared guilty of "abusing a dominant position" in their application of rules, potentially reigniting discussions around the European Super League.
The court found that UEFA and FIFA had established rules regarding the creation of new competitions that lacked qualities such as being "transparent, objective, non-discriminatory, and proportionate." This verdict deems these rules unlawful, signaling a significant development in the football landscape.
However, the judgment clarified that this decision "does not mean that a competition such as the Super League project must necessarily be approved." Despite the ruling, prominent football clubs, including Manchester United, Atlético Madrid, and Bayern Munich—two of which were part of the initial Super League plan—expressed support for UEFA. The Premier League, France’s Ligue 1, and the German Football League, overseeing the Bundesliga, also backed UEFA.
Bernd Reichart, CEO of A22, a consultancy engaged by the Super League Company, announced on X (formerly Twitter), "We have won the right to compete. The UEFA monopoly is over. Football is free. Clubs are now free from the threat of sanction and free to determine their own futures."
A22 promptly outlined its proposal for men's and women's Super Leagues, featuring 64 teams in the men's competition, and 32 in the women's, and implementing a system of promotion and relegation across divisions. The plan emphasized merit-based club selection, the absence of permanent members, and continued participation in domestic leagues, with Super League matches scheduled for midweek. Clubs facing ejection would be those finishing at the bottom of the last tier.
Clubs would be organized into groups of eight, ensuring 14 matches per season. Reichart detailed the project's plans, effectively positioning it as a replacement for UEFA's Champions League: "For fans: We propose free viewing of all Super League matches. For clubs: Revenues and solidarity spending will be guaranteed."
Javier Tebas, President of La Liga and a vocal opponent of the Super League, which retains support from Real Madrid and Barcelona, criticized Reichart's statements, likening them to someone who had been "drinking until five in the morning." Tebas highlighted that the ruling did not mandate UEFA and FIFA to admit the Super League; on the contrary, it emphasized that admission criteria should be transparent, objective, and non-discriminatory—criteria fundamentally at odds with the principles of the Super League.
The A22 CEO, Bernd Reichart, said: ‘We have won the right to compete,’ but many clubs and organizations distanced themselves from the Super League idea
UEFA has vehemently responded to the recent European Court of Justice ruling and the proposed Super League plans put forward by A22, a consultancy hired by the Super League Company. UEFA President Aleksander Ceferin expressed a mix of amusement and disbelief at the Super League's new proposals, stating that he found it challenging to decide whether he was shocked or amused. Ceferin sarcastically wished success to the Super League, suggesting it start with just two clubs and expressing uncertainty about their understanding of the situation.
While acknowledging the court's ruling addressed a "pre-existing shortfall" in UEFA's framework, the organization clarified that the decision did not serve as an endorsement or validation of the Super League. UEFA reiterated its strong opposition to the breakaway project, emphasizing its unwavering commitment to the European football pyramid. The organization expressed confidence in its new rules, asserting its compliance with all relevant European laws and regulations.
UEFA stressed the importance of safeguarding the solidarity-based European football pyramid, asserting that the model, considered irreplaceable by fans and stakeholders, should be protected against the threat of breakaways by European and national laws.
In 2021, following the Super League announcement, UEFA took disciplinary action against the 12 participating clubs, imposing penalties and banning them from European qualification for joining an unauthorized competition. The Super League company responded with legal action, challenging UEFA's authority to decide what is authorized.
While the disciplinary processes were temporarily suspended as part of the legal proceedings, nine of the 12 clubs opted to withdraw from the Super League. An opinion published the previous year found that UEFA had not breached European competition law by sanctioning its clubs.
Real Madrid's President, Florentino Pérez, embraced the recent ruling, describing it as a pivotal moment in the history of football and sport. Pérez expressed optimism that clubs could now have more control over their destiny, presenting the Super League as a catalyst for revitalizing football.
The Premier League's owners' charter, established in June 2022, explicitly bound clubs to refrain from creating new competition formats outside the Premier League's rules. Despite the recent ruling, Manchester United affirmed its full commitment to participating in UEFA competitions and maintaining positive cooperation with UEFA and the Premier League.
Kevin Miles, Chief Executive of the Football Supporters' Association, emphasized that, despite potential ongoing legal battles, no English club would join the Super League. He highlighted the role of the incoming independent regulator, which would block any club participating in a breakaway league from competing in domestic competitions. Miles underscored the importance of earning success on the pitch rather than orchestrating it in boardrooms.
The European Court of Justice ruling from Thursday will undergo further review in a Madrid commercial court, allowing its application to be tailored to the specific circumstances of the Super League case.
