The European Union has introduced new legislation to promote free competition in the sports sector, aiming to create more opportunities and transparency for citizens, athletes, and clubs.
Sports federations are urged to revise their statutes and regulations to eliminate unjustified restrictions that limit market access or participation in competitions.
In Italy, the Competition Law (No. 287/1990) and EU provisions (Articles 101 and 102 TFEU) also apply to sports when economic activities are involved. This means that federations, clubs, and organizers cannot abuse dominant positions or prevent competitors from entering the market.
Key Issues and Implications
- National federations often hold exclusive control over competitions, creating entry barriers for third parties.
- Some restrictions may be legitimate if proportionate and necessary for fair play and proper organization.
- Federations must ensure transparency, fairness, and proportionality in their membership and participation rules.
- Athletes and clubs should enjoy freedom of choice and fair competition opportunities.
Recent Italian Cases
- FIGC (2024): fined €4.2 million for abuse of dominant position in organizing youth and amateur football tournaments.
- FISE (2019): fined €450,000 for restricting rival equestrian organizations.
- ACI (2023): under investigation for alleged abuse of dominance in the market for non-competitive car events.
Conclusion
Free competition in sports is not just an economic matter but one of fairness, freedom, and development. While Italy has made progress, further reforms are needed to ensure a sports system that is open, competitive, and inclusive.