UEFA and FIFA could lose any legal battle with the European Super League?

If UEFA and FIFA try to prevent the European Super League in any legal form, like suing them, for example, it is very likely that they will lose those cases, according to a legal expert. After 12 European clubs announced that they will form a new league, UEFA and FIFA promptly reacted, announcing the legal battle against the Super League, as well as banning the participating clubs from domestic and European competitions, as well as preventing players from those clubs to represent their countries.

But, according to a legal expert in sports competition law, Mark Orth, of MEOlaw based in Munich, the 12 clubs (plus any of those who decide to join them), will succeed if the row goes to court. based on competition law and precedents set in previous cases.

„I am of the opinion they have a strong case. The court is the right way to go. They have a good chance of winning. There are good prospects for the start of the Super League and the clubs that take part“ said Orth, who has advised football clubs on this area of law to Sportsmail.

(©AFP)

The reason for his optimism regarding „rebel“ clubs lies in the judgment of two European courts, who overturned similar moves by other sports federations. The European Commission has previously ruled that the International Skating Union cannot prevent speed skaters from participating in new money-spinning events. That decision was supported in a judgment in Europe's second-highest court, the General Court in Luxembourg, in December. And in January, a German court took that decision as a precedent when it prevented the national and international wrestling federations from blocking a new competition.

And Orth said that minor cases have been documented in Sweden and Italy too, and he even thinks that the Super League lawyers have probably lodged their papers in the High Court in London and in Italy. The UK is now officially out of Europe, but the EU law in this area of sports is almost unchanged. The Super League lawyers are aiming at the European Court of Justice.

UEFA is expected to make two challenges to the nascent Super League. Firstly, to ban its formation and secondly, if that fails, to impose the sanctions it has already threatened.

„If a monopolist is allowed to prohibit the generation of competition, then you do not need competition law at all. If that is allowed it touches on the fundamentals of competition law. There should be an opportunity to open the market. What if Amazon just assumed it could introduce exclusivity for dealers saying if you are offering your goods on any other online platform you are excluded from our platform. There would be an outcry“ explained Orth.

The Evropa Super League founding members have obviously carefully planned their action, thinking ahead of the possible obstacles, including a ban from UEFA, or a lawsuit. And it will probably come to the court.