The ECJ Case Law on Sporting Activity and European Competition Law.
Keywords:
European Competition Law, Sport, Anti-doping rules, special characteristics of sport, rule of reason.Abstract
This article places the ruling by the European Court of Justice in Meca- Medina and Majcen case in the context of the EU’s competence to regulate the activities of regulatory bodies. The Court rejects the CFI’s broad reading of the autonomy of sport. Rather than taking sporting activity outside the scope of Community law, the Court applies the ruling in Wouters, recognising that sporting regulatory bodies may create and apply rules which are necessary for the regulation of sporting activity even where such rules may limit competition since such a limitation is inherent in the organisation and proper conduct of competitive sport and its very purpose is to ensure healthy rivalry between athletes. Therefore, the ECJ is prepared to consider the special characteristics of sport, judging the proportionality of each rule in the context in which it operates and by reference to its specific subject-matter and purposes.Downloads
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2008-05-09
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