27 February 2023
The European Super League – Part 2
Introduction
The idea of a super league competition in Europe has been floated around in one guise or another since 1968. However, in April 2021 a new European Super League (“ESL”) was announced but almost immediately collapsed amidst widespread condemnation from rival clubs, domestic leagues, and European politicians. Six English Premier League teams signed up to the ESL — Arsenal, Chelsea, Liverpool, Manchester City, Manchester United and Tottenham Hotspur.
Fast forward to 2023, the ESL has reared its head again this time with a new look proposal being announced by A22 Sports Management.
New Proposals
A22 Sports Management (“A22”), which is the company created by Barcelona, Real Madrid and Juventus to sponsor and push through legislation for the ESL, has released its 10-point principles for the competition.
Under the revamped system, the new Super League (“SL”) will consist of the following:
- Up to 80 teams
- Multi-divisional format
- No permanent members
- Minimum of 14 matches per season
It has been reported that A22 has consulted with 50 clubs across Europe since October 2022 and, as a result, has formed 10 principles that underpin plans for the new look SL.[1]
The new proposal consists of 60 to 80 teams, with no permanent members (in contrast to the 2021 concept) and will instead be based on sporting performance, avoiding the controversial closed league system as was highly criticised under the previous concept. The clubs would continue to play in their respective domestic leagues, however, would also compete in the SL for a minimum of 14 times per season. [2]
A22 have been at the forefront of the challenge to UEFA and FIFA’s right to block the formation of the ESL and, in doing so, also sanction the clubs who join the breakaway league. They (A22) have suggested that the governing bodies are abusing a dominant position under EU competition law.
Legal Position
The European Court of Justice (“ECJ”) is expected to issue its final decision on the case later this year. In December, however, the Advocate General, Athanasios Rantos (“Rantos”), provided a non-binding opinion on the case, which states that the regulations permitting the international governing bodies to prevent the establishment of new leagues must comply with EU law.[3] He added that sports governing bodies such as UEFA do not infringe EU competition rules by putting in place pre-authorisation systems ensuring all competitions respect common overarching standards.
The essentially closed character of the ESL made it incompatible with the principles of sporting merit and open competitions as enshrined in UEFA’s statutes. The ESL must have known what would lie ahead, as it took the step of initiating proceedings against FIFA and UEFA before a Madrid Court in parallel to the announcement of the project. The purpose of these proceedings was to avoid such constraints and prevent any potential disciplinary actions against the founding clubs.
Rantos’ opinion clearly hints at the legitimate, necessary, and proportionate character of UEFA’s procedure, and of its response in the face of the ESL project announcement.
Conclusion
Rantos’ opinion marks the last step of the preliminary ruling proceedings before the ECJ delivers its judgment answering the questions referred by the Madrid Court.
The new SL is undoubtedly a direct competitor to UEFA; even more so now as the proposed format is extremely similar to the new format of the Champions League that is scheduled to start during the 2024/25 season.
It goes without saying that the outcome of the ECJ case is eagerly anticipated and will undoubtedly have huge implications on the progression of the new SL.
[1] European Super League: Fresh plans for 80-team competition announced by chief executive Bernd Reichart | Football News | Sky Sports
[2] The Super League’s return explained: How it would work, the response — and what happens next – The Athletic
[3] European Super League: Fresh plans for 80-team competition announced by chief executive Bernd Reichart | Football News | Sky Sports