Superlega, a ruling by the Court of Madrid proves Fifa and Uefa wrong: what it means – Corriere.it

After taking a defeat in Europe, e awaiting the decision of the Court of Justice of the European Union expected in the springthe clubs that still support the Super League
(political project as we knew it at the moment dead and buried, it should be remembered) – that is JuventusBarcelona and Real Madrid — they collect a victory, we’ll see how important, in Spain.

The Provincial Court of Madrid (the trials take place there because the Superlega company was registered there) accepted the appeal against the Mercantile Court number 17 and established that FIFA and UEFA cannot sanction clubs that join the Super League. This is what the Spanish newspaper «As» reveals, which had access to the device which highlights that Fifa and UEFA «cannot justify their anti-competitive behavior as if they were the sole custodians of certain European values, above all if it serves as an excuse to support a monopoly from which to be able to exclude or hinder the initiative of what aspires to be a competitor, the Superlega».

It cannot sanction

For the Provincial Court of Madrid, «an action that has all the characteristics of a unjustifiable abuse by those who hold a position of dominance” and questions the fact that the distribution of profits by FIFA and UEFA, “which is not controlled or controlled by an independent public regulator, necessarily constitutes the best possible for the general interests of sport”. Hence the order to the two bodies to refrain from announcing or threatening any disciplinary or sanctioning measure against the clubs, managers and people participating in the preparation of the Super League.

The issue of dominance

Furthermore, the sentence continues, there is no certainty that the organization of UEFA and FIFA constitutes the best possible: «We cannot assume in this precautionary procedure that the profit distribution mechanism used by FIFA and UEFA, which is not marked or controlled by an independent public regulator, necessarily constitutes the best possible for the general interests of sport. A few steps back: when, with the withdrawal of the English clubs, the Superlega project born in those terms died, it immediately became clear that not all the problems had been swept from the table. What interested Juventus, Barcelona and Real Madrid was, in fact, that the dominant position of UEFA (the real “competitor” of a hypothetical Superlega) be recognized, which happens to be an organizing body, which therefore collects the proceeds (and according to the sentence, it is not said that it does it in the best way), but also a regulatory body, which is therefore able to impose penalties and sanctions on those who do not adhere.

But in Europe it was different

Last month, the Advocate General of the European Union, in view of the decision of the Court of Justice of the European Union expected for April, expressed itself in its non-binding opinion, in a completely different direction, arguing that «the rules of FIFA and UEFA which subject any new competition to prior authorization are compatible
with EU competition law. The Super League is free to create an independent competition, but in parallel it cannot participate in FIFA and UEFA competitions without their authorization. A non-binding opinion, which however in most cases is confirmed by the Court.