EU ANTITRUST: HOT TOPICS & NEXT STEPS

Prague, Czechia

EU ANTITRUST: HOT TOPICS & NEXT STEPS 2022

Constitutional dimension of the competition law of the EU in sports Wojciech Lewandowski Polish Academy of Sciences Institute of Law Studies, European Law Department Ul. Nowy Świat 72, Warszawa, 00-044 Poland e-mail: w.lewandowski@inp.pan.pl

Abstract The debate on the potential of the competition law of the EU to pursue non economic objectives is currently vividly discussed in the doctrine. Most frequently it is conductedon the example of the digital gatekeepers, environmental protection, or public health objectives. However, one of the fields, in which the social impact of the antitrust law is the most visible is quite surprisingly sports. The most recent examples of the application of the provisions of the competition law of the EU to sports show that it has great potential in strengthening the level of protection for the rights of individuals, hence it gains constitutional dimension. Its objective in application to sports is more socio-oriented than economically – it can become a useful legal tool for increasing the level of protection of fundamental rights to the fair trial of the athletes, maintain openness, accessibility, and significance of sports in the society and help implement accountability and proportionality in the governance of sport disciplines across the EU. Keywords: Article 165 TFEU, constitutional dimension, European Super League, International Skating Union, limiting transnational power JEL Classification: K210, L440 1. Introduction The competition law of the European Union (EU), enshrined in Articles 101 108 of the Treaty on the functioning of the European Union (TFEU) is one of the cornerstones of the Internal Market of the EU. These provisions are traditionally perceived to constitute the legal basis for actions aimed at fulfilment of the objectives of the EU defined in Article 3(3) of the Treaty on the European Union (TEU), as has been also interpreted by the Court of Justice of the European Union (CJEU). Hence the competition law of the EU should foremost support the sustainable development of Europe, balanced economic growth and price stability, highly competitive social market economy (Craig, DeBurca, 2020, pp. 1034–1035).

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