EU Competition Law – FIFPRO v. FIFA
Representatives of several EU football leagues and FIFPRO Europe (International Federation of Professional Footballers) have filed a complaint with the European Commission against FIFA- the sports’ governing body. The complaint is regarding FIFA’s determination of an unsustainable, and dangerous international match calendar, and alleges violations of EU competition law, through an abuse of the organization’s dominant position in the realm.
The joint complaint comes after years’ worth of building tensions between European leagues and their governing body, FIFA. Representatives of FIFPRO Europe stated, “For several years, the leagues and player unions have repeatedly urged FIFA to develop a clear, transparent, and fair process regarding the international match calendar, but FIFA has consistently refused.” FIFA’s refusal to involve FIFPRO, players unions, or individual leagues in its decision-making process has resulted in a calendar that reflects a clear preference for FIFA’s games, and a prioritization of their financial interests at the expense of the well-being of the athletes and their teams. This is in stark contrast to FIFA’s stated organizational purpose – “to govern football and to develop the game around the world . . . and to effectively serve the game for the benefit of the entire world.”
The complaint alleges that FIFA’s conduct in unilaterally regulating a global industry infringes EU competition law, constituting an abuse of dominance. This abuse stems from FIFA’s dual-facing role as both the global regulator of football and as a competition organizer. According to the complaint, the duality of this role creates an unnavigable conflict of interest for FIFA, preventing it from exercising its regulatory functions transparently and objectively.
According to the complainants, the match calendar put forth by FIFA is organized in a way that endangers the welfare of players, scheduling teams for an exorbitant and unsustainable number of back-to-back games, coupled with international travel, and a lack of time for athlete recovery. FIFA has denied all claims asserting any unilateral decision-making on their part in creating the calendar, and has gone so far as to call FIFPRO and the various leagues joined with them hypocritical in their complaint, asserting that they often act in their competition organizing capacities in a way that is self-interested both in terms of financial incentive and athletic performance.