On December 21, 2023, the Court of Justice of the EU (“CJEU”) delivered two of the most anticipated judgments of the year: European Super League (“ESL”)[1] and International Skating Union (“ISU”).[2]
The CJEU found that the ISU’s and FIFA/UEFA’s pre-authorization rules that prevent clubs and athletes from participating in unauthorized third-party sports events infringe EU competition rules because those rules are not based on transparent, objective, non-discriminatory, proportionate, and reviewable criteria.
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