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Bundeskartellamt's Examination of 50+1 Rule and DFL's Licensing Practice

28.05.2024 | 🇩🇪 German competition authority

The Bundeskartellamt is closely examining the 50+1 rule in light of the European Court of Justice's recent case law and will be scrutinizing Deutsche FuĂźball Liga's (DFL) licensing practices.


The Bundeskartellamt has reviewed the ECJ's case law and finds the 50+1 rule, aimed at maintaining the club character of sports, to be proportionate and potentially eligible for an exemption from antitrust law. However, the Bundeskartellamt will be conducting a closer examination of DFL's licensing practices, particularly concerning certain clubs and investor deal voting processes. The ECJ's recent judgments emphasize that exemptions from antitrust law can only apply to sports association rules that are not inherently harmful to competition.<br> The 50+1 rule, which gives clubs a central position in Bundesliga competitions and limits capital investments, is seen as balancing idealistic and economic interests in professional football. The rule aims to maintain the club character of the sport while not being particularly harmful to competition. The Bundeskartellamt will assess DFL's proposed amendments to the League Statutes, focusing on the abolition of the benefactor exemption, after further examining DFL's licensing practices.

DFL must apply the 50+1 rule uniformly, consistently, and non-discriminatorily to benefit from an exemption from antitrust law for social and ethical reasons. The Bundeskartellamt will investigate whether DFL's past practices align with this standard and will engage in dialogue with DFL to address any concerns regarding the rule's uniform application.

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