What Happened to the Super League?

The Super League, a proposed football competition, was once backed by some of the top teams in European football such as Real Madrid F.C, F.C. Barcelona, and Manchester City. However, with UEFA threats and fan pressure, only the two Spanish Giants remain in support of the Super League. A22 Sports Management guarantees fans access to free streaming through their Unify Platform, with subscription options for additional content. This innovative concept poses a clear threat to the existing UEFA Champions League and Europa League, sparking uproar in the football world from fans and club owners alike.

The European Court of Justice (ECJ) delivered a landmark ruling regarding the contentious issue of the proposed Super League, sparking debates over the future of European football and the regulatory authority of football governing bodies. The decision and tensions around the Super League unveil the legal, economic, and commercial interests of European football.

The European Court of Justice (ECJ) ruling was a significant victory for proponents of the Super League but a blow to the monopoly held by UEFA, in European football. The determination came after a legal challenge by the European Super League Company began in Madrid Commercial courts. The case was passed on to the Court of Justice to further investigate the matter, however, the matter will be determined and will be made binding by the Madrid courts.

The ECJ held that football clubs have the right to establish alternative competitions, free from undue interference or restraint by governing bodies. The ECJ affirmed the principles of competition law and the freedom of association within the European Union. The ECJ's judgment, as detailed in the case document, found that FIFA and UEFA’s actions contravened several articles of EU law, including Article 101(1) of the Treaty on the Functioning of the European Union (TFEU) and Article 53 of the European Economic Area (EEA) Agreement. Article 101(1) prohibits agreements between undertakings that have as their object or effect the prevention, restriction, or distortion of competition within the internal market, unless they contribute to improving the production or distribution of goods or services or promoting technical or economic progress, while Article 53 of the EEA Agreement mirrors this provision for the European Economic Area.

The ECJ’s interpretation of EU competition law and the implications on football were crucial. The court ruled that UEFA and FIFA's attempts to restrict the formation of the Super League through threats of sanctions and exclusionary measures constituted anti-competitive behaviour, infringing upon the rights of football clubs to engage in lawful commercial activities and pursue economic opportunities independently of governing bodies' control. However, it must be noted that although the ECJ found the behaviour to be an infringement on commercial rights, ten clubs decided to withdraw their support, meaning that FIFA and UEFA still hold significant power despite the ruling.

Furthermore, the ECJ emphasized the importance of preserving competition and innovation in the football industry, asserting that the establishment of the Super League could foster greater competition, investment, and fan engagement, ultimately benefiting the sport. Nevertheless, amongst football fans, the idea of a Super League is highly contested with many fans claiming it will ruin the sport, create fatigue for players and it will facilitate the ‘founding’ clubs such as Real Madrid or Barcelona in gaining more trophies.

The legal victory is short-lived for the Super League as more opposition has risen throughout European countries, particularly in France and other countries with strong football traditions. The motivations driving this opposition are multifaceted, reflecting concerns over the potential repercussions of the Super League on the existing football ecosystem, as well as broader socio-economic considerations.

At the heart of France's resistance to the Super League bid lies a commitment to preserving the integrity and inclusivity of football as a sport accessible to all, regardless of financial resources or club affiliations. Critics argue that the establishment of a closed, elite competition such as the Super League could exacerbate existing inequalities within football, widening the gap between wealthy, elite clubs and smaller less well-off teams. Many worry that the traditions and values of the ‘beautiful game’ are being eroded through commercial practices. The risk of destabilizing the existing domestic league competitions threatens the socio-cultural fabric of European football as it will undermine the community and identities of clubs and classic rivalries.

The European Court of Justice's determination on the Super League represents a pivotal moment in the evolution of European football, underscoring the tension between commercial interests and sporting values in the modern football landscape. While the legal victory secured by the breakaway league challenges the hegemony of football governing bodies, opposition from France and other European nations reflects broader concerns about the potential consequences of the Super League for the future of football. As the debate continues to unfold, finding a balance between commercial imperatives and the preservation of football's cultural heritage remains paramount in shaping the destiny of European football.

The question for the future remains, if the Super League fails to take off, will anyone ever be able to challenge the monopoly held by FIFA and UEFA? How will the sport change if the Super

League occurs and what are the financial consequences for those who want to enjoy the beautiful game?

References:
Summerscales, Robert.’ New European Super League Plans Backed by Real Madrid, Barcelona.’ SI.com . (webpage) December 21, 2023. https://www.si.com/fannation/soccer/futbol/news/new-european-super-league-plans-backed-by-real-madrid-barcelona#:~:text=Real%20Madrid%20And%20Barcelona%20Continue,in%20favor %20of%20the%20ESL.

A22 Sports Management ‘Super League pdf’. (webpage). December 21, 2023.

https://a22sports.s3.eu-west-2.amazonaws.com/files/5317/0315/5027/2023-12-21_5NI65357M4 FY4814_CP230203EN_Super_League.pdf

Walker, Ali, and Folkman Varg. Politico.eu. ‘Football's UEFA and FIFA lose EU court bid to halt breakaway Super League’. Politico [online]. December,21,2023. https://www.politico.eu/article/footballs-uefa-and-fifa-lose-eu-court-bid-to-halt-breakaway-super -league/

Pathak, Manasi "European Court of Justice delivers Super League ruling." Al Jazeera [online] Available at: https://www.aljazeera.com/sports/2024/1/7/european-court-of-justice-super-league-football-uefa-fa-fifa-breakaway-league-future-of-club-football

Court of Justice of the European Union. (2023). Judgment of the Court (Grand Chamber). [online] Available at: https://curia.europa.eu/juris/document/document.jsf;jsessionid=C0ACC077F7D4B5B94ADF036%20023E85162?text=&docid=280765&pageIndex=0&doclang=EN&mode=lst&dir=&occ=first&par%20t=1&cid=1567190