European Commission opens investigation into ISU eligibility rules

European Commission opens investigation into ISU eligibility rules

On 5 October, the European Commission launched a formal antitrust investigation into the International Skating Union (ISU) eligibility rules. ISU rules prevent skaters to take part in events not approved by the ISU, under threat of being permanently banned from competitions such as the Winter Olympics and the World and European Championships.
The decision to open an antitrust investigation into ISU rules has been taken following a complaint by two Dutch ice speed skaters, Mark Tuitert and Niels Kerstholt. The two athletes wanted to participate in a new speed skating event in Dubai. However, ISU decided not to recognise this event as it was “possibly being closely connected to betting”, and threatened anyone participating to become ineligible for ISU activities and competitions.
The European Commission will have to decide whether ISU rules violate article 101 and 102 TFEU that prohibit anti-competitive agreements and the abuse of a dominant market position.
The specificity of sport and the autonomy of sporting organisations have been recognised by the EU on several occasions – Margrethe Vestager, EU Commissioner for competition policy, recalled “the role of international sports federations to set the rules of the games and to ensure the proper governance of sport”. She justified the opening of the investigation by the fact that the ISU case “raises specific allegations of breaches of competition law at international level”.
With regard to competition investigations in sport, the European Commission has generally used a case by case approach. However, the ISU case offers the possibility to set up some general criteria that could enhance the legal certainty for the future. It is worth to mention that several similar cases are ongoing with some EU national antitrust authorities such as in Sweden, Italy and Ireland.
Previous jurisprudences from the European Court of Justice stated that sporting rules are applying to EU competition rules when the organisations setting-up the rules or the persons affected by the rules are part of an economic activity. Sporting rules are likely not to breach the anti-trust provisions of the EC Treaty, if their anti-competitive effects are inherent and proportionate to pursue legitimate interest. Contrary to state aid investigations, there are no legal deadlines regarding anti-trust cases.

FURTHER INFORMATION
Press release of the European Commission

Recent Posts

SAFE HARBOUR project presented at the EU Network for children’s rights meeting

On 25 November 2025, the SAFE HARBOUR project was presented at the 7th Meeting of the EU Network for Children’s Rights by the EOC EU Office and the IOC. The presentation formed part of a session on protecting children from violence and promoting their well-being, bringing together representatives from EU institutions, Member States, and civil […]

Read More
European Commission assesses progress on tackling online piracy of sports and live events

The European Commission has published its assessment of the 2023 Recommendation on combating online piracy of sports and other live events. While acknowledging some positive developments, such as broader use of dynamic blocking injunctions in several Member States and stronger cooperation between national authorities through the EU Intellectual Property Office (IPO) network, the Commission concludes […]

Read More
European Evening of Sport reinforces partnership between EU and Olympic Movement

BRUSSELS, 17 November 2025 - The EOC EU Office hosted the 7th European Evening of Sport, bringing together more than 300 leaders from the Olympic Movement, European institutions, and the wider sporting family. The event, held at the Representation of the State of Baden-Württemberg to the European Union, celebrated shared values and strengthened cooperation between […]

Read More

Related Posts

December 1, 2025
SAFE HARBOUR project presented at the EU Network for children’s rights meeting

On 25 November 2025, the SAFE HARBOUR project was presented at the 7th Meeting of the EU Network for Children’s Rights by the EOC EU Office and the IOC. The presentation formed part of a session on protecting children from violence and promoting their well-being, bringing together representatives from EU institutions, Member States, and civil […]

November 21, 2025
European Commission assesses progress on tackling online piracy of sports and live events

The European Commission has published its assessment of the 2023 Recommendation on combating online piracy of sports and other live events. While acknowledging some positive developments, such as broader use of dynamic blocking injunctions in several Member States and stronger cooperation between national authorities through the EU Intellectual Property Office (IPO) network, the Commission concludes […]

November 18, 2025
European Evening of Sport reinforces partnership between EU and Olympic Movement

BRUSSELS, 17 November 2025 - The EOC EU Office hosted the 7th European Evening of Sport, bringing together more than 300 leaders from the Olympic Movement, European institutions, and the wider sporting family. The event, held at the Representation of the State of Baden-Württemberg to the European Union, celebrated shared values and strengthened cooperation between […]

About us

The EOC EU Office is the House of European Sport, representing the European Olympic Committees (EOC), the IOC and other major sport organisations to the European institutions in Brussels.
CONTACT
crossmenu linkedin facebook pinterest youtube rss twitter instagram facebook-blank rss-blank linkedin-blank pinterest youtube twitter instagram